Legal Question in Family Law in Tennessee

Re: Child Support if dad is in jail

IF YOUR HUSBAND BECOMES INCARCERATION, HE STILL IS UNDER AN OBLIGATION TO PAY HIS CHILD SUPPORT. THE SUPPORT OBLIGATION DOES NOT STOP AND CONTINUES TO ACCRUE. THE PROBLEM IS THAT WHILE HE IS INCARCERATED (AND CAN'T WORK AND PAY HIS SUPPORT) HE WILL NOT BE HELD IN CONTEMPT OF THE CHILD SUPPORT COURT DURING THE PERIOD OF HIS INCARCERATION. YOU CAN ONLY TAKE HIM BACK TO COURT AND GET A JUDGMENT AGAINST FOR WHAT HAS ACCRUED. YOU WILL NOT BE ABLE TO CITE HIM FOR CONTEMPT FOR NON-PAYMENT OF THE SUPPORT. STINKS, HUH?

Re: Child Support if dad is in jail

While he's in jail he cannot make the payments. However, the meter will still be running and the missed payments will be added to his arrears. If he missed several payments prior to going into jail, you may want to look at filing a contempt petition when he gets out to have the court enforce the current order. I can help.