Legal Question in Family Law in Tennessee
Filing for increased support
My ex-husband and I divorced in 1997 in Davidson County, TN. I have physical custody of our two children ages 15 & 13 and carry the health insurance on them. Since 1997 I have moved to Indiana with the children. My ex-husband was and is aware of this. He has been mailing the child support checks to me directly. Back in 1997 he was given a way to calculate the child support he owed me and has made the increases as he gets raises. He now has taken a job in North Carolina and will be moving next week. With this a HUGE raise is coming to him. Also he was awarded the right to claim them as dependents on his taxes. My question is: Seeing that we divorced in TN and I live in IN and he is in NC, if I want to file for increased support to make sure I am receiving what I should and to get it changed to where I can claim them as dependents on my taxes where would I file?
2 Answers from Attorneys
Re: Filing for increased support
I disagree with Mr. Padove. I believe you need to either file your petition for a child support increase in TN or in NC, where the father is moving. Indiana can handle PARENTING issues for the children since you and the children are there and the father has now moved from TN, but there is no indication in your question that the father has ever done anything that would subject him to Indiana law for purposes of setting child support.
Re: Filing for increased support
As background, I have been a licensed attorney for over 20 years. Family law is a major component of my practice. I have cases throughout Indiana.
The easiest approach for you it to register the Tennessee Decree in Indiana and ask for a modification.
Please contact me if you have any questions. My website is www.lawyers.com/BurtonPadove
Respectfully,
Burton
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