Understanding Tennessee's Income Shares Child Support Guidelines

Shannon Dollard Smith 3 years ago

This Icome share model is oddly unfair to the cudtiodal parent. It doesn't take in to account all the things that a custodial parent has to deal with like sick children, school activities, etc...... that are mostly performed by the custodial parent.

Additionally this model is intimadating and hard for some people to understand.

Lastly, it literally creates a situation where a divorced parent has to be employed.

example.. my personal situation....

I was married and had 3 children. I divorced. I remarried and choose to be a stay at home mom again :)

Under this Income Share Model that would not have been an option, as my new husband's income would not be allowed as part of the model share.

Please help end Income share Models!

Thank you,

Shannon Dollard Smith

nancydodds1 3 years ago

Its very interesting and great hub you introduced for all. Its a good guide for all from your hub.

tanya 3 years ago

child support- My ex-husband is tring to get out of paying expences for our daughter. Is accurate that he pay for half her tutorign wich is 40.00 weekly and childcare with is 160.00 monthly. He also will not pay half of the medical bills and I have to pick up the full load. I have contacted him several times and set photo of all expences but still I have no reponce. He also some how got the # of days put on the parenting plan that he has her 159 days and he only has her 119 days. I do not feel this is right. He should pay for the days that he only has her. Is there anything I can do about this?

Tommy Story Jr 3 years ago

What if the child is permanantly disabled, over 18 and is receiving close to $2000.00 monthly as his income, should the non custodial parent get to use this as part of the childs monthly expenses? The law only says "the court coulld give lifetime child support to a disabled child if the court rules it is necessary". Why can i not find anything on this. The child's income should be a factor in this. Can anyone point me in the right direction please?

Keith 3 years ago

I agree with Shannon up top, that the Income model does not represent the true situation. My wife and I have one child and one step-son that I helped raise. She had an affair, left town, re-married, came back. She gets to deduct my step-son, and I do not. I am living on my own, taking care of my son, and my home, by myself. Now, if I think it's fair to share my child for his development, but now I will have to pay my former wife child support because of the income descrepancy. Which in and of itself may be fair, but now, she has the income of another man in her life. Why do I need to subsidize their life? Why is the State of Tennesse trying to force me to get married to someone who can also bring in another income to make the situation fair?

I believe this model is intended to make living arrangements fair for mothers who's husband (primary income producer) has left them and got re-married.

All I ask is for the State of TN to take this into account. In other words, if she had an affair with a physician, we shared time with our son 50/50, I would still have to pay child support?

jen 3 years ago

2009, 3 years out, the calculator has undergone 3 majot "amendments" all focusing on "the best interest of the child". Modifications and deviations that have yet to be followed because it is left to the court. Poverty increases because of the calculator and no one is talking about it!!!!!

Melissa 3 years ago

This system is patently unfair to me and my 3 children. My ex-husband had repeated affairs and finally left for good. My income reduced by 38% when he left. His income is still more than mine by a good 20K, and he is taking care of one person (himself). I am taking care of 4 people, me and three kids. Why do they not consider things such as adultery, whether or not both parties want to be divorced and how drastic the lifestyle of the children will change with such a dramatic drop in income?

CSMoron 3 years ago

A lot of this CS jive talk gets confusing. I think it would be nice if these laws were more simplistic. So everyone knew the what the hell they were talking about.

jennifer 3 years ago

The calculator can be manipulated to create an advantage of one party over another. There are guidelines that are to be followed when filling out the calculator. Considering the number of times the state of TN continues to bring them to the forefront in the form of rules and amendments. Mr. Randy York filled out my last calculator. He did not add in the ordered uninsured medical expenses, he used an insurance premium that at one time had 9 people on it, and he did not list any of the educational and special expenses that were brought up in court. He erased 38,400.00 in arrears and lowerd my childrens support by more than half. He was appointed District Attorney General, yet still represented this private client. He created a severe economic hardship for the children. They can forget their previous standard of living except for the reminder during visitation, their Father's lifestyle is a reminder of what they once enjoyed. Now because of his adult choices they have to pay the price. The calculator is only as fair as the person putting in th enumbers to be calculated. Fair, Randy York is not.

curly 3 years ago

my ex wife got pregnant by another man.the state refuses to help her with this child unless she fixes the cs order were they deduct the money out of my check instead of me paying her every week like ive done for the past 3 years.What does my cs have to do with the DBD that got her pregnant.this interferes with me paying her early if the kids need something.why does the state want to be involved.

Sandy 3 years ago

Is the cost of living for each parent taken into account when calculating child support? What if the custodial parent lives in a place with a low cost of living and the ARP lives in a place with a high cost of living? On paper, they make more, but in reality, with the high cost of living, its not that much.

Cantrell 3 years ago

Can I ask you guys your opinion on something: should we be paying for half of the tuition to my stepdaughters private school in addition to regular monthly CS? What are your thoughts? We are not under the income share model but a staright percentage....thoughts?

Stacy 3 years ago

Can it be ordered that CS be paid while the child attends college? Also, If the child is 16, will the court make the child have visitations against their will.

t.smith 3 years ago

i think its a trip on how men that pay there support on a reg. are the ones who these laws affect. men who are not paying are allowed to go free & do as they please. child support laws need to be reworked. there is a diffrence between child support & keeping the custodial parent in the latest fashion trends. the courts dont care if you have other children or a family. its a shame if you want to do something with your other child from another relationship but you cant because your paying for another one. the courts & the parent with custody of the child only care about how much you will be paying.

Jennifer Cooper 3 years ago

You are correct. This model is extremely unfair to the custodial parent. The non custodials had more time to lobby while the custodials woeked and cared for the children. The calculator continues to morph as the child poverty level increases. The resounding element in the guidelines since the "emergency guidelines" of 2005, "it is not our intention to rteduce the standadrd of living of the children", the "best interest of the children", and the fact that there are RULES that have to, well should be, followed prior to changing the child support/ Also, the support cannot be changed if it :"impairs the PRP from maintaining housing..." In other words, my Dr. ex husband cannot, or should not be able to simply reduce his support on a whim. Unfortunately, the parent with the money has the better lawyer and usually get the calculator tipped in their favor. The calculator is crooked, it is only as honest as the individual putting in the numbers. Our country went to war for less than this, yet we just coast along taking what we are dealt...The "CALCULATOR" increases single parent poverty and child dependence on the system. The "median" income used to imput income in the ubderemployed (or arrested) parent is $30,000.00. What middle class. average Tennessean, making minimum wage makes that? I would love, yes LOVE, for Virginia Lodge to come to my home, and raise my 4 children on the calculator.... She is deteremined that the calculator works, at the expense of our children.

I agree with you kim. Great blog.

Melissa 2 years ago

I would be happy to give you some actual numbers, and you can tell me if this is fair.

My salary per year: 33K. I reentered the workforce after my ex committed repeated adultery and finally left for good. I was darned lucky to get this much since I had been away for so long as a SAHM.

My ex's yearly salary for the last two years: 80K

Number of children: 3

His child support obligation: $16,728 per year.

So he gets just under 64K to support ONLY HIMSELF.

I get 49K including my salary and child support to support me AND three children including nearly 8K in childcare costs yearly, so I can work. When and how am I supposed to save for retirement and my children's college fund?

That's add in the cost of legal bills that I incurred when he fought me for custody to avoid paying child support at all. Nevermind that I was at home raising kids for 9 years while he was out nailing his coworkers. He had the right to nearly bankrupt us with this craziness.

Now, let's add the cost of my limited income due to having to rearrange my schedule to care for our youngest who has autism spectrum disorder.

I have cut the budget to bare bones. I tried to sell my house to buy a cheaper one but no one bought it, and my ex demanded I refinance it as part of the divorce agreement. Nevermind that my children should not have to move because their dad put his genitals before their care. (the court doesn't seem to look much at morals. )Child support does not include "extras" such as sports or sports equipment. I have had to scrimp and save to cover these things.

My only hope left is that someday he will have to answer for what he has done to our children to either God or to him personally. That the state finds this allowable is disgusting to me.

404 error 2 years ago

none of the links work on here...... you need to fix your sight if you are going to offering advice.

jen 2 years ago

Melissa, You are right. It is not fair. The calculator works for lower incomes. Higher income primary parents are consistently penalized. The calculator is designed to fail you.

The significant variance will always be present and cause a reduction in child support because it is based on the presumptive or BCSO before deviations.The higher income family will always have deviations. They will not be considered until the significant variance is met. The support is reduced and the deviations are not considered. The high income parent paying support will receive relief and the child will suffer.

If you go fill in the calculator with different comparable numbers of the ARP having a higher income you will always get the same result. If the ARP is in a lower bracket it is fair. The higher income ARP has the finances to lobby. That is why they get the break. That enslaves the PRP to working two jobs, caring for the children, etc... Leaving no time to blog, rant, and lobby for change. It is inivitable slavery producing generations of government dependent citizens.

The middle income ARP should be furious. They are not getting that kind of financial break. They are working to support TWO or more families while the high incomes get an increase in their personal spending money.

My children's support was cut by 75%. My support requirement is now 100%. The children's step father pays 100%. The children's father pays 11%. He has $8,000 per month to spend. The children get $1,586.00/month and insurance. His car note is $940.00/month.... I make 1,500.00/month and pay $1,500.00/month.

The Calculator is a failure, it does not work. Look at the State poverty rate and increase in government dependence. The significant variance has been addressed many times, even in emergency rules, because the attorney's do not even know about it and do not apply it.

jen 2 years ago

Melissa, No that is not fair. There is nothing fair about the calculator. It is designed to create poverty and government dependence. The BCSO is calculated BEFORE deviations, that will always create a significant variance,lowering the support. My ex gets 9,876.00 per month tax free, he pays $1,596.00/month for 4 children and insurance that is extremely high because he has 2 families on it and let it lapse, so the children have to suffer that consequence with decreased support and increased premium. There are rules that are not factored into the calculator. They can help you increase or decrease your support. They are usually not followed, only the entries into the calculator are factored.

Kim, I like your site but I have to disagree. The poverty rate has increased since the inception of the calculator in 2004. Go to my website, there is a timeline of the calculator with amendments and changes. Energency rules have been released and continue to be ignored by the powers that be. The calculator is getting more balanced for the middle income family and less balanced for the higher income family. Melissa's ex falls into that catagory. She is penalized while he is rewarded. Meanwhile the children suffer. I am glad the calculator works for you, but there are many, many people who have been hurt by the ever changing amendments.

The calculator needs to match the guidelines. It is that simple. If there was a question on the front end like: Have you been arrested? If you are on the flat percentage plane will this cause a severe economic hardship? Will you loose the ability to provide basic needs such as housing as the result of a support decrease? An answer of yes, to any one of these questions would automatically eliminate a modification. I have a page full of warnings about the calculator from the TN Bar, the press, and consultants on the Calculator committee.

Yes the economy tanked, but the emergency rules in 2005 had nothing to do with that, also the overwhelmed public assistance requiring the 2008 amendments were a result of no one following the "emergency" rules.

If you were initially under the calculator you do not know any better. You are used to a reduced level of support. If you were under flat percent you have probably experienced something akin to the great depression.

The number one rule of the TN Child Support guidelines is that everything is for the best interest of the child and that the child shall enjoy the same standard of living as before the divorce. Are those two priorities allowed entries into the calculator?

Melissa 2 years ago

My ex could not pull off 50/50 custody. He tried to say he could, but his work schedule is too demanding. He is not willing to change that. He finally gave up on that.

In fact, I expressed concern that he would say during his parenting time "Well, I have to work. I can't take them." I was assured by the divorce mediator that this would not happen. How did SHE know? Was she planning on coming home with us?

Guess what happened during the first day off from school in which the daycare center was closed and it was his parenting time? (the day before thanksgiving). He said to me "Well, i can't take them. I have to work!" I told him "Well, I have to work now too. Sorry, I don't have vacation time. This is a new job!" This left ME scrambling for childcare because it was his "option" not to take the children he demanded time with. Where is the repercussion for that? I wanted a clause written in that would have covered the cost of child care if he refused to take them and the moderator said no. Why not? If he says he wants that time, why not have him walk the walk.

I don't have a 15K lifestyle difference. My income was reduced by 38% when he left, and I had to pay for child care when I was the child care when he was working.

Lastly, my youngest child who was a baby when he left, was diagnosed with autism. There is nothing in the decree to stipulate who has to take off work to take him to his therapy etc. He doesn't do it. I do it.

At least I do take solace in the fact that he seems to have lost interest in wanting any form of increased custody now that our son's symptoms for his condition have come to light. Pathetic.

And sorry, I do think a parent's lifestyle affecting the rest of their children's lives should come into play.

Mike 2 years ago

My ex-wife has a child from a prior marriage and she is recieving child support for the child. Should she get a credit for that child from me and make me pay more or not?

Teresa 2 years ago

Kim, are you saying you think 49K is plenty to raise three kids on?? Seriously!! Do you even have kids? Once you pay for the necessities like mort/ rent, utilities, phone, etc, you've got little bills that add up like the sports or field trips or doc visits. And what about the older kids who need braces or to take the sat or act or a prep course or need a car so they can get a job? And how do you have enough for birthdays or holiday presents or if they want to go to birthday parties for other people? Unless you're living in the *lowest* cost area with crime and substandard housing and education, you can't do all these things on that budget and have any left over for retirement or savings or, god forbid, a little vacation. Get a clue.

L 2 years ago

I am sitting here cracking up at the idea that you can't decently raise 3 kids on 49k. I'm a divorced woman, and from 2000-2007 I raised my 3 youngest with NO child support, and my income was well below that -- didn't manage to crack the 30k mark until 2005. Still supporting 2 of them (one's grown now). They always had a roof over their head in a not-too-terrible neighborhood, food, medical care, books...maybe not the latest fashions or fancy vacations, but I can certainly take pride that they were raised well and raised to rely on themselves (by example).

As adults, we ought to be responsible for paying our own cost of living and in my opinion child support should reflect the reasonable additional cost of raising a child above our own normal adult living expenses. My fiance is being gutted to the tune of about half his monthly income for 2 kids -- one of whom gets close to $600 a month. There is NO way it costs an extra $600 a month to raise a kid beyond what you'd be paying in bills just for yourself. After his CS and the note on his vehicle (gotta get to work!) he doesn't have enough left to enjoy a normal standard of living on his own (about $800-900 per month -- that's NOT enough to cover rent, utilities, food, car insurance for one person) which means I'm subsidizing his ex's lifestyle (and still solely supporting 2 of my own kids). Not to mention that she was able to take their kid and move 400 miles away from him (about as far as you can get and not move out of state) making it extremely difficult for him to exercise his visitation rights. Parents on both sides of this issue get screwed. (And really, I have zero sympathy for anyone whose youngest is school age and still thinks they have ANY excuse for sitting at home and not working. Grow UP. The world (and your ex) doesn't owe you a living just because you have a vagina.

Joan 2 years ago

My son must be living in another Tennessee, because he sure has gotten just what she promised. Her words were " I am going to ruin you for leaving me and I can because I am a woman". She was right. She broke every court order and has been rewarded over and over again. He was ordered to take only his personal things out of the house. She was supposed to pay half the house payment and did not do so. She was ordered not to move the kids out of state. Did so three times. Was ordered to pay restitution for $8000.00 she did in damage to the house while living there and did not(this was not enforced). My son was ordered to carry health insurance on the boys, which he did and was ordered to share the doctor visits, which he ended up being sued for her half,in Tennessee and had to pay. He was paying $563.00 a month for his daughter from previous marriage, and was paying over $800.00 a month for the two boys. He had no place to take the boys when he had them EVERY weekend, so he would have to take them to various amusement and educational places and pay for all lodging and meals out. He was staying on a basement couch of a friend and could not take the children there. He had no money to live on so he existed in poverty like so many men. Salary $40,000. gross.(could not claim as deductions).

Finally the third time she moved them out of state, the Judge finally listened and my son was given custody. During this time she did not pay one cent of child support and only saw the kids two times in about two years. She was not

ordered to pay any extra, because she was not ordered to pay

ANYTHING AT ALL. NO MEDICAL, NOTHING AND THAT IS WHAT SHE PAID. In her effort to get them back, she convinced the

younger boy to make life almost impossible for my son. He

would not do anything expected of him, because his mother

told him he did not have to listen to his father, and he

did not. I forgot to mention that when she had them she was

ordered not to have men in the house after 10:00pm, not only

did she break that order, but had sex with a man when the boys were there on the other side of a door. The man came to

the door when the boys were pounding on it while crying,

and told them they would be out when they were finished.

Presently she is living with a man that she lied to the boys about, saying she was married. They now know she lied.

This is against the court order. Living in VA., against court order.

The kicker to this is that my son, when the children went back to her, was not ordered to pay child support, He

thought the Judge was going to be fair for once, however

out of the blue, came an order for him to pay $17,000.00(not hundred) in back support. he is also required to pay $1038.00 a month on slightly over $40,000 gross. He cannot deduct the boys on his taxes, he is required to carry medical (which is expensive) and still responsible for half of their medical bills. Needless to say, he cannot afford

to pay all of this and pay his bills. Cannot afford to go

back to court either. He asked the Judge if he read his information and the Judge simply said "NO". He had to borrow the $17,000.00 so he is paying that in addition to the interest on it. My son cannot get overtime in this

economy, so he is desperate because he has always paid his

bills and obligations.

Well, now she is living with a boyfriend on a lake in Va., and his completely destroyed the relationship that my son and his children had.

there is more, but after so much, it is all just words.

This baloney has to stop, men are people, too. Not just the object of fake domestic violence's to control the child custody, which they are finally looking into. Statistics

show that 50% of domestic violences are caused by women, but

if the cops are called and a women did it, the man goes to

jail. If the man does it the man goes to jail.

jen 2 years ago

One year later the inaccurate order and illegal child support calculator entered by DAG Randy York has been overturned. He entered an insurance premium deducting $1,800.00 /month. Insurance that had 9 people on it! The State of TN says that the insurance has to be prorated. That means $1,800.00 was deducted from my children's support each month for over a year. York also failed to enter the $500.00 in medical that I was paying for uninsured medical and the special medical expenses. Randy York is a good lawyer if he is on your side. As District Attorney General his "calculator" he entered was not on the side of the children. It has been a rough ride. But what is a lawyer to do when he is in a spot he created in 2007? THERE IS MORE TO THE CALCULATOR THAN JUST THE NUMBERS. READ THE RULES. They have to be applied prior to filling out the calculator. The children are our future and they deserve our financial support and the advantages associated with that.

Shannon Dollard-Smith 2 years ago

Kim, do you work for the state or Policy Studies, INC???

how much of the 28 million a year are you getting?

Legalized Extortion 23 months ago

I am 100% disabled and cannot work. My monthly SSDI is 1505.00. The state took custody of my child about a year ago. CPS asked the court to return child; court refused. We are at a stalemate. In the meantime, my child support payments are 300.00 a month. Another $20.00, retroactive child support, is taken out of my SSDI after a Christian family volunteered to take my child temporarily to keep him out of state custody. They sued me for child support after seven weeks of care. My SSDI check is now 1384.00 (after Medicare). I have to see three doctors every couple of months at the tune of 53.00 each. I have to purchase 13 meds plus vitamins for Vitamin D deficiency and anemia.

My rent is 825.00 a month. I was only able to get this place near my child’s school because of his adoption assistance which is stated on the lease. I cannot move until the end of this year because I have a friend’s 2500.00 deposit at state. Without the adoption assistance and the heavy burden of DCS demands, I am about to be evicted. The rental company charges me 5.00 a day for late fees and my bill is now 1200.00 in arrears (most of this came about when I let a DCS worker convince me to let the department pay that month's rent, and use my money to get phone turned back on as well as clearing monthly bills. IT TOOK THEM TWO MONTHS TO PAY THE RENTAL COMPANY!!). My SSDI check is available on the 3rd of every month.

I expect all my utilities to be shut off this week. I have no phone, no television, and borrowed internet time. I can only afford 40.00 a month for gas for my car, which is not nearly enough with the system’s demands of meeting, courts, and visitation.

My bank account is negative 500.00 (overdraft protection) because of broken car last month. Most of the times, I live off of green tea for breakfast, lunch, and dinner. I have loss over 100 pounds since this has started. There is only one place in Williamson County to get help and they do not encourage you to seek help via them on a consistent basis. I am almost a year behind on my child support to DHS.

I expect to be thrown in jail at any moment. I will surely lose everything. I have never had any involvement with police or courts in my 48 years until now. My husband kicked us (my baby and I) out of our home aided by local police. I only rescued my child’s toys, clothes, and bed. All my clothes, shoes, and necessaries are given to me by friends and family. He has not been seen for more than a year. He is on SSI and SSDI (approx. 700.00 monthly). He has a brain tumor.

I am a college-educated person and have worked high-powered jobs all my life. I started working at 12, and was never unemployed until I became disabled. Look how far I have fallen. A system that is support to help does everything but that.

I am forced to try to work for at least 4 hours every other day to clear away some of this financial stress. However, the last time I tried working 2 hours a day, I loss my baby to the state. He was able to open the door and was outside alone in front of the house three times.

My finances work out as follows:

1505.00 gross

- 96.00 Medicare

1409.00

- 25.00 Child support to individual

1384.00

- 825.00 Rent

559.00

- 123.00 car ins. and mandatory rental insurance

436.00

- 53.00 doctor bills averaged. Permanency Plan.

383.00

- 47.00 alarm on doors. Permanency Plan

336.00

- 40.00 monthly gas in car amount

296.00

- 40.00 medications averaged

256.00

- 33.00 sewage and water

223.00

- 70.00 electric

153.00

- 45.00 Atmos

108.00

- 60.00 phone when I can afford it. Perm. Plan

48.00

- 15.50 Reimbursement of adoption assistance

33.50*

*This I try to hold onto because my baby expects me to bring him something to each on our once a week, 2-hour visit.

Lindsay 22 months ago

Many of you are right. The income shares model IS NOT fair but for other reasons than those listed here. Without going into a long, emotional, horrible back-story, I lost the right to even 50/50 custody of my daughter (keep in mind, this is her mother writing) because her father wanted it that way and forced me into mediation without a lawyer. I was a SAHM for the first part of our child's life and then a full-time student when he asked for a divorce, leaving me with very limited financial resources. I also had no family in the area, as I had originally moved to TN to marry him. At the time I lost 50/50 custody, I was working 33-35 hours a week at minimum wage (the best job I could get after 3 years not working ) and had a gross monthly income of about $900 a month. His was $2900. I was ordered, by this model, to pay $273 in CS every month, which included his half of her insurance (despite my begging to put her on mine since it would have been cheaper) and his childcare costs. I paid what I could afford for the next year and a half, as I was constantly trying to secure a place to live on my measely income.

In summer of 2008, I made the decision with my fiance to move back to his hometown in PA and live with his parents because we could not afford to live in Nashville anymore (and as previously mentioned, we had no family closer than 400 miles away) and I was only getting to see my daughter every other weekend. This was the summer that gas rose to $5 a gallon. We were spending close to $500 a month just to get to work and back, not to mention rent, groceries and CS.

Since living in PA, I finally was able to raise enough money to get myself a lawyer who has, over the last 2 years, drained me of almost $5,000 fighting my ex to get more than 5 weeks of summer visitation every year (his reasoning? She has roots in Tennessee...only living relatives are his mother and brother...). I was served with contempt papers last summer for the support I couldn't afford to pay every month (I was paying $175 instead of $273 during my time in TN) despite having paid him the full amount for 8 months at that point. We've finally "reached an agreement" (basically, I have run out of money to keep fighting and this is what I'm forced to accept) for 5 weeks of summer, 1 at christmas, 1 at spring break, with NO tax credits EVER for me, with my child support order being $250 a month plus $75 in arrears until it is paid in full. I work full-time at a wage of $8.75 an hour and still haven't been able to afford to go back to school yet, even though I only had a year and half left.

Why is income shares unfair? It presumes the NCP is the one making more money (which is a whole /other/ issue of fairness but I'll stick to my personal experience). In my case, currently, my ex (PCP) makes twice as much money as I do, in addition to getting credit for a new child he has with his wife. They combine our incomes and set my percentage by how many days I have with my daughter (53, I believe). Because he makes more money, my support order is higher...because our combined total is higher, obviously. In my case, a flat percentage model would be a much fairer alternative, as it would not include /his/ income in /my/ ability to pay. I should mention that he is 8 years older than me and his new wife 10. She makes at least 50K a year, giving them an annual income of around $80k if not more. I make less than $20K a year (my husband is in school full time so I don't have wealthy new beau's income to rely on) and am paying him over $300 a month, which is more than a 1/3 of my monthly income. Also, PA has state and local income taxes that TN does not (my own fault, I know, but give a girl a break here, eh?).

I share this because it is often quite frustrating and almost emotionally crippling to see Non Custodial MOTHERS left out of these child support debates, equations, etc, because it's a phenomenon that people don't like to hear about. I am not a crackwhore or some kind of neglectful parent. I did not deserve to lose 50/50 parenting time with my child, but our system almost always rewards the parent who has more resources.

Carl 22 months ago

It doesn't matter how many amendments they make to a COMPUTER CS calculator. At the end of the day it is still a computer. At least this way we all get screwed the same. I am in the process of being the ARP dad. Not by choice. Here is my story......

We have been married for almost 3 years. My wife has been working 3 months now. I paid for her to go to school to be a nurse. She makes $16 an hour and works 32 hours per week. I signed for her to get a new car, adopted my step son, and paid for everything by working my tail off. In the mean time she had been cheating. I also paid for the attorney to get her the back CS for my stepson. ( we also have a child together ). So here we are, present day, she decides she is unhappy, and demands I pay $275 a week. My salary is 52K. After I pay her and keep insurance on the kids my spendable income will be drastically lower than hers.

So, my cheating wife gets to walk away with child support from two men on one kid and CS on my son from me, education paid for, car financed in my name, a few affairs that I know about, and I paid for all the attorney fees for adoption and CS attorney fees from her first son.

Any one see an issue with this?

Carl

cch8762@aol.com

Shannon Dollard-Smith 21 months ago

$$ 28 Million A Year!!! FOR DAVIDSON COUNTY ONLY

That is how much the State of TN is paying Policy Sudies, Inc.

~ A CORPORATION ~

who writes the laws and runs Child Support in over 30 STATES!

Tell TN to quit wasting your money & parents time!

Tell TN we FULLY expect them to be accountable to their citizens!

Write THE MAYOR & ALL OTHER REPS today!

Call the news channels and ask them to do a story.

Call me :) Shannon 615-495-2615

Together We CAN & WILL be Heard!

PeggyB 21 months ago

I am responding to Joan from 8 months ago. I understand perfectly because my son is going through the same thing. When the economy tanked, his job went south. . . he got another job that pays about 50% LESS. But he is still paying the same amount as before - coming out of his check. For one child he is paying about $1000 a month - this includes insurance premium.

Get a lawyer and have it modified you say? Well, yeah, who can afford to come up with $700-$800 at one time? He barely eats, struggles to pay rent and utilities. Can barely afford car insurance. This is costing ME money because I try to help.

Do attorneys know that men just cannot up and get $800?

j carvy 20 months ago

Kim Cantrell 16 months ago

...Quite frankly, anyone paying child support should consider whether they can afford to have more children BEFORE they do so instead of relying on a government entity to do so. (And this goes for those receiving as well. In other words, a receiving parent should not have more children expecting that will affect child support for children from previous relationships.) .............................

this model favors the custodial parent regardless of whether they were adulterous or not. No one should enter into a marriage expecting to divorce especially with children involved. When the adulterous custodial parent quits their job and forecloses on all the marital assets in order to squeeze another penny out of the supporting parent who has been paying their child support for another child diligently for 12 years, it almost seems unfair. What I find rediculous in this whole child care discussion is that a person who makes 150.00 per month pays 100.00 and a person making 28,000.00 per month pays 2800.00..... so a poor person should pay a less percentage than a person making sooo much more? this system is for lack of a better word, WACK.

Jen 20 months ago

I understand the frustration with the standard of living. The calculator does address this issue. Whether or not the attorney acknowledges the dviation is another issue. Connie Reguli in Nashville is my weapon of choice. Deviation:

(h) Hardship Provisions Due to Modification of Order.

1. Any time following the effective date of these Rules when a tribunal is

considering modification of an order initially established under Tennessee’s Flat

Percentage Guidelines, and the tribunal finds a significant variance between the

amount of the existing child support order and the amount of the proposed child

support order calculated under this chapter, which change results from the

application of the guidelines rather than from the change in the income and/or

circumstances of the parties, then the tribunal may modify the current child

support order up to the full amount of the variance or may apply a hardship

deviation as described below in parts 2-4.

2. For orders being modified as described in part 1 immediately above, the tribunal

may deviate from the amount of child support required by the Income Shares

Model and limit the amount of the upward or downward modification if:

(i) A deviation is supported in writing in the order by the criteria in 1240-2-4-

.07(1); and

(ii) The tribunal finds that the change in the amount of child support caused by

the transition to Income Shares will create a hardship either to:(I) The recipient of the support who will have a substantial decrease of

previously ordered support; or

(II) The payor who will have a substantial increase of previously ordered

support.

READ the guuidelines, all issues are addressed there, NOT in the calculator. That is where an attorney is essential. Also, don't under estimate "maintenence" for standard of living. jen

T O M 19 months ago

S E L F E M P L O Y E E D - My wife's X just took her to court. He is self-employeed, owning a Paving Company. He also is involved in real estate. He "sold" 51% of the company to his new wife, and pays himself less then her. He also lost a LOT of money in 2009 in his real estate ventures, causing a net LOSS for the year. The judge is leaning heavily towards ZERO child support. Does anyone know of cases (higher Court)where these 2 issues are addressed?? Our attorney says that we have a "Corporate Veil" issue with the ownership..

rgchick 19 months ago

I have WATCHED how unfair this law is. My step-son has 5 children. His wife had an affair and they got a divorce. She is now getting remarried. My step-son has the children MORE than she does and still has to pay 46% + medical insurance, all additional medical/or dental expenses. Since she was previously a stay-at-home mom she doesn't have to contribute ANY money. This was her choice to split up the family. Now he can barely afford food and clothes, certainly nothing extravagant like nice x-mas or bd gifts. The ex is buying a huge home with her new fiance". Therefore, this law is blatantly unfair. If someone chooses to cheat, to leave, and have 5 children they should at least have to accept the responsibility of working to support their children and deal with the consequences of their decisions.

KIM!! Need some answers...please!! 18 months ago

HI. My husband is in the military and has been for 15 years. when i married him i knew he was obligated to pay his child support to his ex wife in Tennessee. I have never had a problem with this.He has paid 700 since they split...and he has reason to believe one of the boys is not "really"his.He is a good man with honor so he pays.Being that my father never paid my mother a dime for us 4 kids, i am proud of him. However my husbands ex is always trying to suck everything she can from our family and will never let him see his boys. We have been married for 5 years and i nor our daughter have never even meet them. He has seen them a whole 50 hours the last 2 years.We even spent his two weeks when he came home from Iraq the 3rd time in Tennessee in hopes to visit them.NOPE that didn't happen. early this year she filed to have a modification done on the order. We sent in all information...and it was denied(thank God)We pay 700 already...After serving your country for 15 years its nice to have something to show for it...are we not entitled to a life? She has recently lost her job she was fired!! she is threatening to file for another modification. Can she do this and get more money even though she got FIRED? Its not his or our fault she got fired...and she can find new employment.. so can she file for that again in the same year? do you have any advice? someone please give me somewhere to go with this. She is so EVIL. :(

Unknown 18 months ago

This system is very unfair and is aa legal way for people to get greedy. with 50/50 split on time, expenses, and all misc costs, I will still have to pay child support because I am fortunate to make a good living. My ex husband makes a nice income as well and has remarried so has the a dual income family. When there is no need only wants, this system is very unfair.

KimberleyDee 17 months ago

I have never seen such an absolute mess made from a concept that is suppose benefit children. This method of calculation is ludicrous, complicated and creates more questions and issues than it solves.

SUSAN 16 months ago

MY HUSBAND WAS PAYING 843.00A MONTH FOR TWO CHILDREN NOW THE ROLL HAS CHANGE WE HAVE THE CHILDREN NOW HE IS STILL PAYING HALF OF BACK CHILD SUPPORT WHAT IS SHE DOING? THE CHILD SUPPORT NEVER WENT TO THE CHILDREN.THE GOVERMENT PAID FOR THE HOUSING THERY WERE IN.

Stefanie 16 months ago

Kim I disagree with the remark that the child support is no different for the person that posted that the father put that he has the kids 159 days but really only has them 119. I plugged those figures in to the calculator based on my wages and it's a MAJOR difference. 119 days is $430 CS but 159 days gives the dad a major credit and causes only $187 in CS. That is why this model is unfair as it rewards dad's in credits to spend more time with their kids but does nothing to ensure that it's quality time. My ex sits on the couch with my twin toddlers and doesn't interact with them, slow to change diapers and the only reason he's there is that he pays $350 instead of $621 have them 3 full days per week as opposed to the 1 that he was going to have them until he saw how much the child support was so he decided he loves them and wants more time, yet he was fine with 1 day until the price doubled!

Kenneth 15 months ago

Hi I live in Indiana my child lives in Tennesse. I make 43,000 a year. My ex lawyer is asking for 696 a month In child support plus covering insurence for my son. That will cost me 211 a month, 112 a month is due to adding my son. He is my only child. I have been paying 550 a month since my ex moved back to Tn. But she recently decided that she needed more. She lives at home with her parents. Does this sound as if I will be paying to much. I am not paying any back pay I have been considered current on my payments. Thank you.

David 15 months ago

An interesting (and unfair) situation arises when parent's divorce and the PCP has a child from a prior marriage. In essense, the second husband has to pay for the first husband's child too.

In my case, I have two girls. Their mother has a son from a prior marriage. Her first husband is supposed to pay (although rarely does) $480 per month. My child support for the two girls (which I have 47% of the time) is calculated at $750 per month plus I pay for most of their daycare. However, because of my ex-wife's son (FROM HER FIRST HUSBAND), my support is supposed to go from $750 per month to over $860 per month, solely because of a child that IS NOT MINE.

There is no way that this is a fair calculation since I am, in all reality, paying child support for a child that isn't my child.

Brian 15 months ago

I am guessing no matter the level of income or the situation each of us has, if you internalize the issue it's going to be bad. My Ex and I make good money together and in fact, she makes more than I. She cheated on me, sold our house while I was working abroad, and still I pay 1700 per month for my little girl since she was 4 months old. It's pretty sad when the formula says for 1 child, that one parent is responsible of an amount more than the median income of a family of four in TN. But it is what it is...You pay the amount and you move on. It's a formula, it's not great, but no matter what state you are in...people have the same complaints, no matter the system. I get more frustrated on the rights of the father in this system as it is hard to fight in the courts and not take a strain on both parents and the children. The system already assumes a deadbeat dad, but for the good fathers it's an uphill battle and I would pay twice what I pay now to just have equality. I do see that in a few states where the states are now starting at equal parenting in the eyes of the court and maybe that trend will work its way to the south in some time; however, all any of us can do is just keep loving our children and hope whatever life puts in our way - we just keep being parents and not selfish individuals.

Jennifer  14 months ago

Everyone is right to some extent. The State of Tennessee, and most lawyers, want you to SIMPLY put the numbers in the calculator and crunch them. What they do NOT want you to know is that there are GUIDELINES addressing each and everyone of the above issues addressing them fairly. Even high priced lawyers do not apply the rules properly, I know. The stay at home parent is recogniozed by the Court, credit for children that are not yours, and hardship. The problem is that the Courts do not apply the guidelines. They can ONLY apply/Order what you request in your Petition. It pays to do your research. Try google scholar: Court of Appeals, search opinions on your issue in TN. You will be surprised at how many LOCAL court decisions are overturned on appeal for NOT applying the rules. The Courts/lawyers make it appear simple while keeping everyone in the dark and complacent. Easy money for the lawyers when you do not know any better, they tell you how it is, you accept it, and they are on to the next case. Who makes the laws.... lawyers. Federal guidelines regulate child support, thus the rules. The State regulates the application, thus the calculator. The State is bound by federal law... TN is the LAST state to allow video cameras in the court room. I have been before the TN Court since 2007 on one issue: child support, yes going on 4 years, it will be decidede in Crossville on March 24th, you are all invited. I live in KY where they have video cameras in the Courtroom and decide child support in five minutes. The last time I appeared in Court in Crossville they finally had a recorder. When the Judge asked if the recorder was working the answer was "not for this case"..... My ex and I both live in Ky, we have lived there for years, yet TN still litigates this case, and has taken the custody case from KY, your tax dollars at work my friends, paying for years of litigation for two people who reside in another State. Why should TN tax payors bear that burden when federal law provides for transfer throug UIFSA and UCCJEA????? Compliments of the 13th district. God help us all.

Billie 10 months ago

I have read all of these comments and I agree that non custodial parents should pay their fair share of support because the CSE logo is "$Children Need Love Too$". YES children need love too should go a lot farther than just finances. I know of three fathers who are court ordered to pay child support, but they have no legal right to see their child, not because their bad fathers, but because they can't afford to pay a lawyer up front fees to petition the courts for visitation. Like I said before children need financial support, but they also need the support of both parents in a physical way as well. Why is financial support so much more important than physical and emotional support by both parents. I believe that if CSE is going to go after a non custodial parent for money, they should at least have the decentcy to ensure fair rights for the non custodial parents to see their child or children on a regular basis. I am a mother of 4, it is not court ordered for me to let my children see their father but it is court ordered for him to pay child support, I feel that it is my duity as a mother to make things fair and ensure that he gets to spend time with our children on a regular basis so that the children have both financial and emotional support of both parents. I hope that in the future of child support enforcement they will change some rules for non custodial parents. I just don't see it fair at all that a person has to pay so much money on their child to support them and they don't even have the right to see them on a regular basis. Why is this I thought Tennessee's logo was "Children Need Love Too" I guess it's all about the money not the child or children.

Rachel 9 months ago

My husband and I have 2 little girls together and live out of state in North Carolina. My husband has 1 son who lives in the State of TN with his mother. He is ordered to pay 600 monthly to his ex who has 3 other children by TWO OTHER MEN. She receives a TOTAL amount of CHILD SUPPORT from all 3 fathers of her 4 children 2000.00 monthly. She also receives 700.00 month of food stamps, lives in subsidized housing, started a part time job at 25 hrs a week (just enough to where her CS does not decrease). When she took my husband back for more child support for their ONE son, she claimed her 3 other kids as children "she supports" and was able to use them as credit for more child support from my husband. ALthough, when my husband tried to claim our 2 little boys the court only gave my husband a $20 credit for each of them and she was able to receive a $100.00 for each of her children INCLUDING the the others on child support orders! There is no doubt in my mind the system needs reworked. Some women have learned to work the system and get away with it.

angela 9 months ago

hey can anyone tell me whether the PRP should be responsible for ALL school lunch costs even on the days they are with their ARP? In other words, do the TN Courts consider this an expense covered by the BSCO? Or is it possible to argue that the ARP should be responsible for the children's food costs on their parenting days given the credit the ARP gets on the shared incomes worksheet? Presently our arrangement is 60/40 time with joint decision making on all matters.

thx for your help!

Dawn 9 months ago

If your children are eligible for food stamps (regardless of which parent is receiving them), and are thus receiving FREE school lunches, then, YES, they get those free lunches every day regardless of whose house they are at. If not, then each parent is responsible for providing food for when the children are in their home.

Glinstra 7 months ago

Hello, This is Glinstra here as in Glinstra v Glinstra as noted above. The sad part is that our system of Justice can be greatly abused and manipultated. In my case I won the Appeal but the other Glinstra had lied considerably about her income ( I could not prove at the time) lied about her needing to be a stay at home mom due to a severely ill child (our youngest daughter had minor acid reflux) this same daughter began attending daycare regularly at age 8 weeks that is five days a week. This along with other information was not allowed in the remand trial since it was not remanded. During the trial she stated she was only earning 2166 per month but during the remand trial she admitted to earning 27500 at just one of her jobs in tips alone for that year plus hourly would make it 34500 plus her other jobs to put her at 40,000.00 but her tax return for that year showed a total earnings of just 15694.00. so the support order was changed to reflect my income and not her true income.

As I mentioned before she lied to the court about why she left her well paying management job stating she had to be a stay at home mother to a severely ill child and this was a bold lie and I can prove it and now in discovery she admits to it but due to res judicata it may not be touchable.

After the divorce within ten months she bought a house (almost 250k) with her live in boyfriend and a diamond engagement ring (cosigned with him) for over a 8,000.00 note. Oh did I forget to mention that less than 60 days after the divorce she gutted the our childrens health insuarnce from a 500 dedcutible, 15 copay and network p with trh, to bcbs with a 15,000.00 family deductible, 30 copay and then later changed it again to network s with a 35 and 50 co pay and weeks later my youngest was diagnosed with adhd and all her costs would not be covered with her doctor until the 15k deductible was met since he is in network p. I did not see any of the savings or benefits but am expected to pay the differnce and half of a 330 plus numerous doctor bills for the adhd doctor while she pocketed over 1200 per year in savings. When I stated to a Judge that she did not provide reasonable health insurance nor grant me access so I could have made sure she provided quality health insurance he ignored me.

I have struggled to pay the support over 30k, I have the girls over 39% of the time, I provide all clothes when they are with me and other items and pay support as best I can which is based off of her fraud which I can prove.

If I state it I have documented proof!

There is a lot more (documented) but here is the bottom line. The judicial system in its goal for finality and economy turns a blind eye to fruad and perjury. Two examples are Dickenson v Chaney and Johnson v Johnson. Johnson is interesting the court refused Johnson's Motion to stop child support after he proved he was not the father, was defrauded by mother into believing he was and the real biological father was identified and ordered to pay support. Yes two support orders payable to mother who argued sometimes things in life are not fair and Johnson should just have to pay her to.

My ex wife wanted to live a lavish lifestyle and I could not keep up. We lived in debt and above our means and that eventually placed great strain upon us. After the divorce she bought a even nicer house only to lose it and the $8,000.00 engagement ring when they broke up (he sued her and won to get it back). She hit pay dirt when she met a pharmasist and now lives in an even bigger house then before (stayed on tenncare and free lunch program for as long as she could) and avoids working even though she easily could.

Fact: 2006 declared earnings to IRS 15694 admitted in court under oath in 2009 she earned 27500 in tips alone at just one of her jobs and this does not include her hourly earnings for that job of almost 7,000.00.

Fact: Lied about her daughters health and why she really left her well paying job and being a stay at home mom.

Fact: Gutted the girls health insurance less than 60 days after divorce. I found out starting in Nov. 2009 just how much damage she had done just by a fluke. Fyi she did not follow the court order and hid these changes from me regarding health insurance.

Here is the bottom line. Divorced parents should work together to promote the welfare and safety of the children. Not to manipulate a system through fraudulent testimony and evidence. Unfortunately our legal system in its race for finality allows this to happen and then turns a blind eye to the fraud.

Child support is not really for the other parent but it is for the children to make sure they are taken care of. In my case I am burdened with a award that is almost twice the amount it should be based on her earnings potential or a lot more than it should have been had she not lied about her income to the court in the first place. If you read the appeals court decision you will note that she stated her household costs were greater than what our combined income was. She inflated this, lied about being a stay at home mother and lied about her income to boot. The court in the near future will probally reward her for this as I am asking them to reconsider based on extreme circumstances this has caused for myself and my family.

While we struggle she has her nails done, a week in Fla. at Disney and Universal with the girls and another week in St.Louis including Six Flags. All the while she tells the court and the state she is broke getting a free lunch program, free health care and finally while living in a almost $500,000 house with her new husband a court appointed attorney free of charge by you and I the tax payers.

Things that make you go Wow. Remember I said I have hard evidence and proof! I ordered the trial transcript concerning her income and have tax returns, have daycare information concerning the child attending vs trail transcripts concerning her testimony.

Glinstra 7 months ago

Kim, Question here for you. Our Order states that the mother is to provide reasonable health insurance and to grant me access to the health insurance provider. She has never provided access and completely (have proof) refuses to do so. The Court has refused to make her do so. Also less than two months after the divorce and then again two years later (complete gutting of the hi) she changed the insurance for her own financial gain (I discovered this through a fluke as I was denied access to the health insuaranc info but with the second change she forget to block my access at least for a while) and this allowed her to pocket over 100.00 per month in savings. The original health insurance through tenn. rural health had a 15 co pay, 500 yearly deductible and network p largest bcbs service providers. The new policy through bcbs she choose had a $15,000.00 family yearly deductible (yes 15k), network s (smaller network) and a $35 std copay and a $50 specialist.

I do not find this to be reasonable and I am expected to pay a lot more but get none of the savings. Nor will the court make her grant me access which means she can commit fraud upon me by falsifying costs or payments to her. Also where do I find what is considered reasonable health insurance. I do not have the money to hire an attorney but can prove this and a multitude of other frauds which created a defective order of support based off of her fraudulent testimony and evidence concerning her income and ability to earn.

It is ashame that our legal system allows for Orders to stand when they are based upon a clear foundation of fraud and perjury.

Thanks for any assistance.

L.G. Murphy Sr. 7 months ago

Mr Glinstra, Hire a PI. Make a note to yourself about community college language arts classes and maybe a critical thinking class. I don't say this to be mean spirited as I understand and empathise with you over your situation. But, if your court documents or testimony sounded like your statement here... I have found your problem. Good luck.

Wenn 6 months ago

I am hoping you can help me understand this situation. My son is primary custodian for his 2 children. Both during the divorce process and after the divorce he was awarded child support. His now ex wife worked part of the time during the divorce process but had maternity leave for another child (not my son's) and never returned to work. She said she was receiving unemployment for a time but is now on Families First. She has listed her other child, as well as, my grandchildren on Families First. She has only made 1/6th of one monthly payment and 1 week of another in the 23 months she has been ordered to. My son has filed with Child Support to enforce payment. She gets the children every other weekend and every other week during the summer along with alternating holidays.

My son took her to court recently, on another issue, and she was able to get a job for a month - long enough to pay an attorney - then got laid off the day before the trial. Based on this, it is obvious she CAN work. The question is why doesn't she work?

It seems if she is getting Families First for these 2 children she ought to have to pay a % of it equal to the time she doesn't have the children for the children's care in child support. In other words if she gets $100.00 per month in benefits and only has them 20% of the time she ought to have to pay the remaining 80% in child support or $80.00 a month.

She has never filed for a modification although I am sure she will ask for one once she is served by Child Support.

My questions are:

Will she even be required to pay child support now that she is on Families First? Can Child Support ask for the children's medical to be shared if it is not in the original order or if medical has changed? Can they collect back child support?

SLL 5 months ago

I have 3 children in which i receive child support for my 2 oldest. My youngest sons father up and left and im trying to receive money from the state so they will go after him. I married a man who has 4 children and he pays 762.00 a month in child support along with paying medical and dental coverage and half of medical bills. Im going to school so i do not bring a salary. However, with his child support being so high its made it where we have had to file Chp 13. His ex makes more money than him ($1.00 more). I do not want anything to be taken away from my step children but how can we live if his child support is so high..or is it? $762.00 a mth for 4 children. Her income is 2500.00 and his is 2800.00. She gets paid a $1.00 more an hour however he gets holiday pay so it makes his salary $300.00 more.

Rhensler17 4 months ago

Kim, I am interested in finding out more about both parties receiving credit for insurance coverage for child support calculations. Neither Atty ever stated that both parents could get credit. Can you give more info? I am appearing in court in Jan without an Atty cause I can no longer afford one and just need some direction.

SSI receiver 4 months ago

I have 1 child I didn't know was mine until she was 11 years old.Tennessee went back to the day she was born with arrerages.I was indicted by the federal government in 2007 and a ex girlfriend had a child in Anderson County and the child&mother tested positive for drugs the baby was put on methadone and the state awarded custody to the grandmother who is former police officer in that county.They had a support hearing the judge at the time (because of the grandmothers contacts) set the support at $500.00 per month and I didn't even have a job because I was awaiting incarceration she made up this amount knowing I had not filed income tax on previous job in over 3 Years and the reason the Feds didn't indicted me on it was it was part of my plea I was incarcerated for over 24 months and have a court date in Anderson County the former judge April(Carroll)Melburm has decided to quit her elected job as judge in this county&now teaching law at LMU (joke) and the arrerages are over $25,000 from while I was incarcerated.I made $5.00 a month in prison.The state has took my drivers license over this and as soon as I was released from prison I filed for SSI because I couldn't work due to a 2000 motorcycle accident&various other medical problems from this.The case was on appeal before I went to prison but I don't have money to pay a attorney now that I'm on SSI.Do you have any advice&can the former judge be sued for being biased in the case and taking into her own hands what my support should be based on knowing I did not have a job at the time and no tax returns to base this on.I also want custody of my child because I am the father and the mother has been in jail 3 times in less than a year and she gets to see the child but I don't because of some corrupt judges decision. Please Help Me in this Matter my e-mail is razdad@live.com Thanks&Great Site

SSI receiver 4 months ago

Im sorry but the child who's grandmother( has custody) is only 4years old .she is no longer police officer her daughter the mother is a stripper who is arrested weekly the one who was 11 is 19 now so that's not the one I'm talking about the one how is 4 is the one in question and I'm having trouble&they took my drivers license so now I can go to my doctors appointments or pick up my meds that I need so you think it's right that the judge made this ruling for me to pay $500.00 dollars a month when while I was incarcerated I was making $5.00 a month because I can't do much due to my injuries and this case is biased in every way and what is going to eventually happen is my SSI will get cat off because of not seeing Dr.s the arrerages are $25,000 because I couldn't pay the$500.00 per month while the stripper mother gets to see the child whenever she wants to and I can't afford a lawyer on what I draw do you have any suggestions? The judge who made the ruling (like I said in earlier post) is now teaching law at LMU luckily for me but this is unjust I should have to pay 33% of the$5.00 per month do you honestly think by taking my drivers license its gonna help the child because I will get cut off SSI and go back to jail over this because I can't work because of injuries and having a nervouse breakdown over all this and it's documented at my Pyscoatrict office.I need help for the benifiet of the child and myself I have done everything I can do with what I've been dealt such as going to court signing up for disability as soon as released from prison and doing all I have to do for my probation. Again Please help me I've turned my life around but have to have a license.

SSI receiver 4 months ago

All have ever asked for was a fair shake and agree I should pay support if I was able to do so.So you agree with the mother being a stripper that's also fine but she used drugs her entire pregnancy and the only reason she wasn't arrested when the poor child was born was because her mother had pull in that county because of being a cop and if you don't see that you are a idiot.How is someone supposed to pay$500.00 per month if they make $5.00 if your so bright you explain?Of course the grandmother was drawing money fron the state and government while I was in prison and no I was NOT incarcerated for drugs (that's the reason me&the mother of the child split up was because of her drug use)I have never once failed a drug screen in my life and take them regularly.So in your own words you side with the corrupt judge who gave me a drug test I passed&was(before being indicted because no one will let you work after you tell them the truth which I did about the indictment) working following all the court orders so I could see my child but she wouldn't let me because of the grandmother being a police officer and having political pull in a corrupt county.So you think the arrerages should be paid even though I had no means to pay them due to being incarcerated.The only thing I ever wanted was to be able to see my child pay support and make the best of a bad situation( the child being addicted to drugs) I cant believe a attorney would say its fair for a mother to be a stripper& use drugs while pregnate and not go to jail for harming a innocent child you are right you need a long break from your profession if this is your view.Lawyers are like used car salesmen especially corrupt ones like your self.The mother should have been arrested to start with and I should have to pay arrerages due to my incarceration and it should be 33% of the money I made in prison if that wasn't enough they should have gave my family (who does not or dose not condone women being pregnate using drugs up until the baby was delivered) custody of the child but because they are not corrupt cops they never got that opportunity.People like you are the reason lawyers have a bad name.I seen your site and thought I might be able to get some kind of help because of this difficult situation but I see now that it's just another way for you to chase poor people to try and get there money Sort of like a Abulance chaser type situation. You have your opinion and I have mine Right is Right and Wrong(you up holding drug using pregnate women) is Wrong and You Are Wrong.

SSI receiver 4 months ago

Guess u can't handle the truth like every other Lawyer.If your not going to comment on what you deleted so the public can't see it erase all my post.You are a joke& your husbands right you talk to much about things you don't know anything about Kim. As far as me getting SSI that will be for only a short time then I will get my SSD if you don't know that's what I paid in while I could work before I was disabled and I was paying in $8,500 a quarter so anything I receive I deserve.Why not let the public see my last post oh you want get to chase the ambulance to get clients another corrupt So called lawyer/used car salesman.The same thing.I will have you know I didn't get a lawyer to get my SSI I did it on my own because my disability was so bad.Delete it all or let the truth be said.Or you afraid some pregnate stripper would stop doing drugs.

SSI receiver 4 months ago

So your not a lawyer? And no it's not about me it's about the screwed up justice system that is one sided for women listen I did my time to society.so your nothing more than a noisy cunt if your not a lawyer.

Ann's friend 4 months ago

Changing the subject quite a bit here but I have a question concerning my friend's dilemma. Ann is the divorced mother of two daughters in elementary and middle school and she shares custody 50/50 with her ex. He has remarried and moved to a very affluent area. Ann owns her own small business, provides a wholesome and safe place for her children and earns an income well below $25K per year. Her husband earns well over ten times that amount and he pays his share of child support on time monthly. My question: ex increasingly enrolls their children in extracurricular activities expecting Ann to pay "her share" of the costs. Ann has paid for extra activities her children choose while in her care without asking her ex to share costs. Ex has announced that he will deduct half of the new activities costs from the next child support check she will receive in February 2012. Ann truly cannot afford this loss of income nor can she afford an attorney.

Jennifer 4 months ago

My ex-husband is trying to get the child support he pays for our two sons reduced due to a change in daycare costs. His attorney has received a copy of my pay history from my employer via subpoena which did not indicate that a portion of my gross pay was for my college tuition reimbursement. Could you please confirm or negate my understanding that reimbursements from an employer should only be included as income if they reduce a person’s living expenses. Tuition reimbursements do not reduce a person’s living expenses but are reimbursed to cover the cost of tuition, not the cost of living expenses. The expense of adult college education does not fall into the same category as expenses for housing, food, and transportation, which are included as imputed income if reimbursed. Thanks in advance for any information you can provide.

Sofia 3 months ago

Hi Kim -

You seem like you know your stuff. I'm a single mother. The father is not involved, doesn't want to be. I'm debating taking him to court for child support. I am not supported by the state and have no interest. I have a good job, but am starting to feel the financial stress. I initially wanted to avoid contacting the father for support. He has not signed an AOP and he's not on the birth certificate. He has made it clear that this was my decision to keep the baby and does not feel he should pay. I have a few questions:

-Is there any legal way to ensure he does not grow a conscience later in life and wants visitation of my child? Meaning, can I have him legally sign away his rights if he currently has none (by not signing AOP)?

-Is there any way to collect child support and he not receive visitation?

-I've been very hesitant to contact him, but I'd really like him to fill out a medical history form on behalf of himself and his parents. Is this worth going to court over? I've asked that he communicate the medical history and I received a very vague answer. I feel getting the medical history is a priority.

Again, I'm undecided about child support. My main focus is to ensure I always have full control of the situation. I don't want him showing up in 10 years demanding to see the child and being legally bound to do so. Thoughts?

Sofia 3 months ago

I really appreciate the advice. Thank you.

Amanda 3 months ago

Kim my exhusband is about to remarry a woman with 6 children. He actually told my daughter they plan on having 2 more children so he can take me back to court to lower my child support payments. Is it really that easy?

Amanda 3 months ago

I appreciate your time. I can't believe the levels he will stoop to out of anger towards myself and money. All I can do is sit back and watch. And I suppose pray that if he does have additional kids they stay married. Lol. :)

Carrie 3 months ago

I have mediation coming up next week. My child support has gone from $1500mo to $300 a month in the last four years because he went to jail and was unable to find a job when he got out. He owes over $50k in arrears which has been tacked on to the monthly child support payment in the amount of $46mo. He has two other children. One that he pays support for but has never seen. The other with a new girl friend (which is on the way). I am remarried for the last 6 years, we have a child together, and my son is with me most of the year. We are moving long distance due to a job and I need to change the parenting plan. He is old enough to fly or the drive is about 10 hrs. I am willing to pay for half of the travel expense but I think it should be deducted from the arrears that he owes me. My lawyer is asking for this, what is the likeliness that this will be ordered?

Keri 3 months ago

I married a man recently who I started dating a few months after he filed divorce. He thought that it would be over in a total of three months, a year later after the ex drug it through court and ended up losing everything the divorce was finally complete! After losing the house to foreclosure and Filing bankruptcy the ex wife began moving from place to place every 6 to 8 months, a total of 5 moves in a three year period, 3 counties and schools. The last move is over an hour away and makes it very difficult for the shared custody arrangement because we are having to drive over an hour and back to take the kids to school. We figured a simple modification would work trading days for more summer days! were now 21 months into a court battle because even after a wasted 3 1/2 hour mediation the ex refuses to agree to a modification and insists my husband simply give up the days the kids are in school! We have placed contempt charges on her because she refuses to give us accounts of health insurance and daycare costs, saying that my husband makes more now and she's entitled to keep the overages he's paid in the last 3 years however, his income is still less than they had it figured on 3 years ago when he went from self employed to full time employment. She pulls the kids out of daycare and her mother(whom she now lives with) watches them so the daycare fees my husband pays are being kept! If the kids require daycare both parents should have to pay their percentage but we do not have access to daycare while we have them! The system is absolutely out for the mother and not for the best interest of the child. My husband has offered for us to be primary caregivers without collecting child support from the ex in order to keep the girls more stable & allow them to participate in sports and other activities they did prior to the divorce 5 years ago that mother will not allow currently but it would mean she wouldn't have his child support either. She is unable to hold a job, she's on her fourth now, has created more collection since her bankruptcy and lives with her mother who has all lease and utilities in her name! How can a judge not rule in favor of a loving caring stable proven environment over a mother who displays all of the above? Interrogatories are now going on as the ex and attorney feel my home, property, income and other assets and bank accounts should somehow help their case. We've been married for only 1 1/2 and I have not added my husband to anything I own personally because of these continued antics yet this continues. We are both wearing thin on all of this crap and question 1. Why there are so many legal tactics that prevent this from being heard and 2.) after this court battle is heard will the judge try to say that the kids have been stable for the past 21 months since they've not moved because of the court battle? We know that they will move again as soon as its over because of the job situation with mother and grandmother living beyond their means....is the stability of the children and what they are being taught by example not proof of the best interest of the kids?

Finally, we feel like we're on the last leg of this trip, interrogatories have been completed (except for information regard myself, which my husband marked "not entitled to information") and she has until feb 28 th to complete hers, which we already know she will refuse to fill out...as the questions posed to her all surround her job, moves, debts, daycare and reasons why the children are no longer able to participate in extra curricular activities, all things she's denied! If she answered any of it truthfully she's done for in court, if she lies we already have proof! Why all of this for a modification of days so that the children don't have to drive an hour in the morning to school when they are with us?

The girls are now 7 & 11 and have asked many times to live with us or to stay longer when they are here. The oldest has become very clingy to me and asks me to teach her something new literally every other week. Last week as simple as it sounds was a skin care regiment! Cooking, knitting, crafting etc. the youngest tells people I'm her mom ( it's been 5 years) so I understand it's all the same to her now! Dad is very involved with the girls and often had them out doing the "guy" thing...building a treehouse, helping with the car maintenance or yard work and appreciates completely spending time with them but was worried about putting pressure on me by asking for primary care. He also has been told by several attorneys that Williamson county judges are bias to fathers getting primary care changed! Are there cases that would help if he reviewed them prior to court where father was awarded a modification to primary? Also, since the girls have asked to live with us more how old would they have to be to address the courts on this issue? Our primary goal is to create roots so the children can thrive and go on to college and good jobs versus living off of others hard work! I've already raised 2 children who have gone on through college, have good jobs and a good relationship with both myself and ex husband. They also have a great relationship with the girls and all are treated like true siblings.

Any advice is personally appreciated, hopefully this will be heard in court soon and the drama can stop!

Tngirl 3 months ago

I am a stepmother & it states in my husbands Court papers they are to go through Mediation. Does this have to be honored or can you just file w/ the local DA's office? Also when should a Child Support case be looked at again. She hasn't given my husband her W-2 information for the past 2 years or Tax return information that is required by court.

TNmomoffive 3 months ago

Hello Kim!

I was served a summons to appear it court b/c my ex wants to Revise the Parental Plan. We divorced in 2003 and have two children whom are currently 14 and 11. We previously revised the PP in OCT 2006 when I was moving out of the county to live with my current husband when he got back from deployment a year after we were married...and then again in APR 2010 when we PCSed with the military to Cali.

I have been a SAHM with my son from my current marriage since he was born in AUG 2007 and the following year (Sept 2008) started back to school to further my education. When we moved to Cali I applied for jobs on post, but without any luck couldn't acquire one of the few available, so I have concentrated on my school work. My son is 4 and will be 5 this year and will be going to school. My husband and I were surprised last year with the news of being pregnant. (And I mean surprised by finding out a week prior to him having surgery.) Well we were surprisingly blessed with twins (boy/girl). So now I am a SAHM of three and full-time student. I will complete my Bachelors Degree around the end of this year/beginning of next year. Plus we are waiting on orders to moved again.

My question is how exactly will or could child support be determined since I do not work? I read where the State of TN does take in part for SAHM and for parents attending school, but what is your experience in this type of situation? My husband carries the kids on his Tricare Insurance and we pay for Family Dental Coverage (which only has my two oldest kids and myself on). The PP states that my ex and I are both suppose to carry full medical and dental coverage if offered by our employers, but he doesn't and just uses our insurance,(which saves him several hundreds of dollars). He also doesn't pay half of the dental coverage. We half all medical bills and vision expenses for the kids. We each pay for schools cloths and supplies for one of the kids and each claim one on taxes.

Also in our current PP, we pay him $57/mth (an amount he and his wife came up with) to coverage lunch and after school for one child (one day a month). We just found out in Dec that they were not going to after-school any longer and owed a balance of $23 since Sept. Plus the kids lunch accounts have been staying at a negative balance for the most part.

I questioned him in January why there was a balance on all these accounts when we were sending money to cover some of it and where the money was going, which he couldnt seem to ever answer. I told him that instead of sending a check to his house we were going to put the money directly in the lunch accounts for the kids. He didnt like this. He told me that if we didnt continue to pay him he was going to take me back to court. My thought is the money is still going to the kids but just directly to the school to pay for lunches they are going to be eating anyways which is not getting paid on a regular basis. So now we are at the present with me hold papers for a summons to court.

I honestly believe this all boils down to me being able to claim four dependents on my taxes this year and him only claiming one. The reason I say this is bc he keeps throwing it in my face and has every year since my four year old was born and now this year I am able to claim the twins on top of one of my older kids.

I called and asked him why I was being summonsed since we are still paying him directly and he didnt have a clear enough answer but to say the PP needs to be revised again. Nothing has changed where it needs to be revised.

It basically states that I am not exercising my parental visitation requirements from the PP of OCT 2006 and that he is requesting child support now. I told him we cant go by the 2006 PP when we Revised it in 2010.

Is this correct? The Oct 2006 was Revised through the Court and the April 2010 was typed up and agreed between the two of us and both signed infront of a notary.

Wouldn't we go with the 2010 revision?

I appreciate any help that you can give!

(I apologize for the lengthy message.)

Jennifer 3 months ago

My husband's ex has decided to take us back to court bc she is mad.....This was supposed to be our year to claim his daughter on taxes but she claimed her before we got our taxes done so now she is mad because either she needs to give us the difference between what we would have gotten back on taxes or we will be contacting IRS to handle this. I do think the cost of living issue is unfair because we do live in an area that is an extremely higher ccost of living area!

Curious 2 months ago

I recently went to court with my childs father after 4 years of him being absent.. He got a court order for visitation. We were never married. So now he is saying I am to provide him with a copy of my income tax return that it's a "state of TN law".. I know in parenting plans where the two parties were married that applies because the father in most caes can claim the child on his tax return. But I have read my papers countless times and nowhere in there does it say I have to nor he has to provide a copy of mine or his income tax return??? Is this bogus or I'm a missing something??

E.H. 2 months ago

Child support is supposed to be fair and equal for the child... but why is the time with each parent not calculated like that. Unless there is a criminal history. The child support guidelines do not care about all our little complaints because the bottom line is, it's for the sake of the child. But so is equal time with BOTH parents. Kids need a mother and father, child support other than money.

E.H. 2 months ago

Kim, the comment you made 6 weeks ago to Sophia isn't right. My daughters bio father signed his rights away without an adoption. I wasn't even dating anyone at the time. My attorney had to get case law before the Judge allowed it but it was there and 3 months later it was done.

E.H. 2 months ago

He signed away his rights. I am not around my papers at the moment but I will look at them and give you the case law my attorney used. My daughter was 3 and he had been absent the entire time and paid very little support and never supplied insurance. Those items were also included but the bottom line was the case law.

E.H. 2 months ago

Also, if I understood correctly, the parent who has custody can still get support IF they have to go on States assistance AFTER the other parent signs away their rights. Mine was agreed that he would never have to pay support or anything under any circumstances. Im not sure a Judge would allow a parent to sign away rights knowing the custodial parent is on assistance. Just my thoughts.

c.r. 7 weeks ago

Wow lots of interesting topical here . I have been married to my husband now for 11 year we have 3 children together while he also has 2 by a previous marriage a 16 year old daughter and 12 year old son. Through our whole marriage there have been issues with his x....first being that the son was supposed to have belonged to another man ..her and the other man stood up in front of a judge stating this so my husband paid support for his daughter! For years every time we tried to see her the x would refuse visitation we would agree to a set time my husband and I would drive 8 hours one way get a hotel room and never hear from the x...this happened so many times we finally just stopped and yes it was brought to the courts attention and completely ignored! Until we get a letter in the mail for child support inforcement in the boy. My husband AND the other 5 yes 5 men were ordered to pay for a paternity test 585$ to find out who the father is! Well he belongs to my husband! Within 3 days of the test the judge upper the child support to 200 a week and arrears of 32,000 $ going back to the date of his birth! How is this fair? Meanwhile the mother has had 7 other children has given 1 up for adoption due to an illness at birth turned around a year later gave birth to another child who she kept lord only knows who gathered these kids but what I do know is she has never worked a day in her life to make a dollar to help financially raise the kids! My step daughter has not lived with the mother for 6 years until we found out the 16 year old is pregnant!! So the aunt kicked out!! But the mother has kept all the support also ignored by the court! We carry medical insurance but since she is obligated to pay the copay she's on tenncare! Also ignored by the court! How is any of this fair?

Mark 5 weeks ago

How is it that under this semi-new child support calculator that I endure a pay decrease of 10k, my ex-wife gets a 15k increase in salary and my child support is increased when I try to get it adjusted according to my new income? How does that in any way make any sense?

jinomoto 5 weeks ago

Hello--

I would appreciate your insight. I am a prp, having my daughter more than 2/3 of the year. I have very good insurance ($40 monthly premium, 500$ deductible $25 copay, no charge for physicals and shots). I have carried this insurance on my daughter for the past 4 years. She is in great health. I may have had to take her to the doctor other than well checks one or two times in the past 4 years. We had a change in circumstances when she started school this past fall and are now establishing child support. I have been and plan to continue carrying her on my insurance. The judge did not specifically order that her father carry any insurance on her. However, my attorney says the judge would allow him to. However, he wants to credit himself $215 dollars a month for paying a secondary insurance policy, that would more than likely never be used. Additionally, he is sporadically employed and has changed jobs 4 times in the last 3 years, and usually only works 7 months out of the year. This is obviously an attempt to lessen his child support payments, and definitely not in the best interest of the child. What is your take on how to handle this? What would be the best way to present the case to the judge? How can i even be sure he is even paying for this policy?