Child Support

Introduction
1. Child support refers to a parent's legal obligation to provide for his or her child.
  1. Step-parents have no obligation to pay
2. Usually the non-custodial parent pays to the custodial parent, but not always.
  1. May pay a caretaker or the State; in loco parentis
  2. In TN, non-custodial = alternate residential parent & custodial = primary residential parent
  3. Obligor / Obligee
3. Ordered support may be temporary or "permanent"
4. Current support generally ends when child turns 18 or graduates high school
  1. Unless child is disabled
  2. Must still pay any arrears
    1. arrears = past-due support
Role of Government
1. Child Support Enforcement
  1. Title IV-D Agency
    1. TN DHS
  2. Free services
    1. Establish parentage, set/enforce/modify support
2. UIFSA
  1. TCA 36-5-2001 et. seq.
  2. Promotes uniformity in interstate CS cases
3. PRWORA
  1. Must cooperate with CS Enforcement in order to receive TANF
Jurisdictional Issues
1. Personal Jur.
  1. Resident Defendant
    1. Service of Process
      1. actual or by publication
  2. Non-resident Defendant
    1. Jur. in Petitioner's State
      1. UIFSA
        "purposeful minimal contacts" p. 368
    2. Jur. in Defendant's State
      1. Title IV-D Agencies of the two states Work Together, p. 369
2. Continuing Exclusive Jur.
  1. 1st court to issue valid CS order retains jur. as long as a parent or child resides in that state
    1. Parties may agree to jur. in a different state
  2. Avoids competing CS orders
    1. But Jur. over custody may be split from CS
Child Support Guidelines
1. Tenn. Comp. R. & Regs. 1240-2-4-.01 et. seq.
  Anmerkungen:
  - https://publications.tnsosfiles.com/rules/1240/1240-02/1240-02-04.20080815.pdf
2. Income Shares Model
  1. CS based on the income of both parents
  2. Start with "Gross Income," which includes most income, except reimbursements, SSI benefits, TANF, etc.
    1. Imputed Income
      1. Based on ability to earn
        Will impute at least minimum wage, but maybe more if willfully un/underemployed
    2. Credit for SSD benefits
  3. Credits/Adjustments
    1. Parenting Time, Health Insurance, Work-related Childcare, Medical Expenses, in-home and non-in-home children
  4. Deviations for unusual expenses
    1. Disabilities, Educational Needs, Standard of Living
Modification
1. By agreement.
  1. Must have a court order!
2. Substantial Change / Significant deviation
  1. 15% in CS obligation in TN
    1. Must have court order!
3. 3-year review of Title IV-D cases
  1. May be done by administrative order
Enforcement
1. State Central Receipting Unit
  1. Must pay to state if Court order it
    1. No credit if paid directly to other parent
      1. results in arrears
2. Title IV-D Agency can take action to collect arrears
  1. Contempt (civil or criminal), Income Withholding, Seizure of Assets, Tax Refund Intercept, Unemployment Compensation Intercept, License Revocation, Passport Denial, Credit Bureau Reporting, Admin Orders to Reduce Arrears
    1. Private attorney's options are far more limited
    2. Administratively or in Court
Paralegal's Role
1. p. 391-392

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