Legal Question in Family Law in Tennessee
Enforcement of Child Support
I have 6 year old son whom I haven't seen in 4 years. I also haven't paid child support over that time frame for a couple of reasons. My ex requested the child support not go through the courts. When she remarried and skipped town I didn't have a way to locate her and so didn't send support. Also not long after our divorse I began receiving monthly statements from Tennessee reflecting that there was no child support owed. I located my ex about 6months ago. Since then I have been paying support on a monthly basis. I have also tried on a weekly basis to talk to my son however she has only let me talk to him 3 times. She recently sent me a letter stating that she was going to take me to court for back child support. If this does go to court will the statements I have received be sufficient defence as to why child support wasn't paid? My main concern is will a judge enforce jail time to a father who is currently paying? Also would there be anything done to her for withholding my visitation rights?
1 Answer from Attorneys
Re: Enforcement of Child Support
You have a number of issues.
First, you cannot be found in contempt of court and no jail time can be ordered if you did not hav ethe ability to comply. Additionally, she cannot benefit from her own wrong doing. As a result, jail time will not occur.
Back child support will be owed and a judgement will be entered. If you did not take the matter back to Court to modify child support, it continues to accrue and no retroactive forgiveness is possible.
If you were awarded parenting time, you may seek to enforce it. If you were willfully denied access, you may seek a change of custody.
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