Legal Question in Family Law in Tennessee

Back Child Support

I have been separated from my husband for almost four years.We have a son who is 15 yrs.old.My husband has not paid any child support but has bought glasses,clothes,shoes,a computer and printer for my son.I provide the insurance coverage.He has property valued at around twenty thousand,and has just received a settlement for a car wreck he was involved in..I do not know the amount he received.He filed for divorce about a year and a half ago.We have not gone to court or been granted a divorce in all this time.Now he is offering to give me 4 thousand dollars in lieu of any child support due in the past or future. how far off the mark is that?What would I be intitled to?What would the average amount of child support a month be?Help!Thanks.


Asked on 4/07/98, 11:12 am

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Back Child Support

If you are in Tennessee, whether he would owe any child support for the last four years would be a question left to a court -- judges could go either way, though generally speaking a court SHOULD decide that your husband would owe you 21% of his net, after-tax income from the four years as child support, and he would continue to owe 21% of his future earnings (or his POTENTIAL future earnings if he decides to be "under-employed").Unless he has been earning next to nothing, $4K for the last four years is WAY TOO LOW. Assuming he was earning about $28K a year, he should have been paying about $4K A YEAR.Also you need to be aware of the fact that you care not allowed to bargain away his future child support obligations.While you and your husband may chose to remain apart, you need to make sure he contributes to the support of your child -- take him to court to get an order fo support and don't delay.

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Answered on 4/21/98, 12:13 am


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