Legal Question in Family Law in Tennessee

Re: child support

It is going to be difficult and probably impossible to retroactively modify the old support order. Tennessee statutes likely prevent that. Your divorce decree probably states as much. If the two of you can work out an agreement for less than the entire amount due, the court might accept it. However, If she has received any government benefits such as AFDC or food stamps, it may be out of her control. Be prepared to owe the entire amount, pay a fairly hefty amount down on the arrearage and make reasonable monthly payments toward the balance. The court has the right to require the balance to be paid in full, but hopefully will at least work out a reasonable payment plan. Good luck with this.

Re: child support

In Texas, you cannot change a court order on child support merely by agreement. You have to get a new court order. If your ex is truly agreeable, it is not difficult to modify the prior order by showing proof of current income, which will stop the future obligations from mounting. It would be a good idea to employ an attorney immediately to file a Petition to Modify the original decree. For the past child support, however, the best you can hope for is a compromise on the order finding you in contempt of court, by making a large down payment and monthly payments towards the arrearage. Due to the significant interest on past due child support, and the possibility of jail time for contempt (6 months per past due payment possible), it is very important to have an attorney represent you. When the Attorney General is involved, your ex does not have the power to dismiss the case against you.