Legal Question in Family Law in Tennessee
Collecting back child support and medical costs
For a period of 6.5 years, my ex-husband did not pay child-support. We had a verbal agreement that he would not be required to do so as long as he took care of our daughters needs. Shortly thereafter, he discontinued contact with our daughter. Can I collect back child-support even though we had a verbal agreement? Nothing was in writing. He is also refusing to pay his half of medical expenses. Can I sue?
1 Answer from Attorneys
Re: Collecting back child support and medical costs
Yes you can sue under Tennessee law.... but why file a lawsuit for this?
You are far better off filing a Petition for Contempt, or to merely "execute on the judgement" that you already have.
In other words, under Tennessee law, each child support payment becomes a judgement for child support immediately when payment becomes due, meaning you could garnish his wages or execute on banking accounts... or with the right paperwork you could have his car seized by the county sheriff and sold at auction, with the proceeds of the sale going toward what he owes you.
With a Petition for Contempt you could get even more leverage, because he might well be sent to jail if he did not pay up a very large chuck of what he owes you immediately after the judge found him in contempt.
Bottom line is that you should not let him slide on this. Contact an attorney to help you.
Even if you don't think you can afford one, contact your local child support enforcement office and you can get a lawyer to help you at no charge to you.
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