Legal Question in Family Law in Tennessee
Divorce, child custody and support
To make a long story short. Married 10 years, husband had several affairs, admitted in sworn deposition. One child of marraige, born with birth defect. Both previous marriages, he 2 children and pays no support for over 10 years. Myself, no children from previous. Started divorce 18 months ago, was told I be divorced under adultery, final papers said ID. Had temporary child support hearing but never received full amount from that hearing. Three weeks after final court date went to courthouse myself and founf that attorney did not file temporary support order or nothing to negate false claims that husband made against me. Judge put stipulations on my work hours and did not make him pay under wage assignment. Did not sign final order, but fired attorney and retained new one. Is slow process, but no support in three months. Reduction in support due to increased visitation, because I felt child should see father, as father already does not have contact with children of first marriage. Support was tried to be set at 10% of his income. he makes 3X the amount that I do and I denied alimony because I work. I want to know what I can ask for and can possibly expect to receive and how hard of a fight will this be?
1 Answer from Attorneys
Re: Divorce, child custody and support
You have problems doing as you initially said you were setting out to do -- making a long story short.
Your post indicates you are represented by an attorney, and I suspect your inability to get to the point has created strains in your relationship with the attorney, but for whatever reason you ask for help here.
Being licensed in Tennessee, I'll limit my advice to the law here.
Here in Tennessee, absent some extremely strong reason otherwise (and the reasons are very rare) child support is set at 21% of the non-custodial parent's net income (income after income taxes and after any other court-ordered child support obligations).
Two children equals 32% and so on up to a maximum of 50%.
Most judges around here would not even consider approving an agreed order if it set support as low as 10%, so generally you would not have much trouble persuading a judge to raise it.
The difficulty in getting the case before the judge might be a different matter.
If he wants to pay his attorney enough to fight everything possible and drag things out as much as possible, the whole process can be made a major pain in the rear.
Jes Beard
Jes Beard, Attorney at Law
737 Market St., Suite 601
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