Legal Question in Family Law in Tennessee

I am asking a question for my boyfriend. He is divorced and had a terrible lawyer who didn't fight for him, so in turn he owes a lot of money. Well they have two children together and he pays quite a bit in child support. I was wondering if he has a chance that if he went back to court they would lower his child support and what we would have to do to help his case? Alex keeps keeps the kids all day two or three days a week and they go to his dad's house the other days. I pick them up around 5:30 on the days that they are at his dad's house and they usually stay at our house until about 7:30. She may feed them one meal a day if that, there are some days where she doesn't feed them breakfast, we feed them the rest of their meals. They spend the night with us every Wednesday night and we have them every other weekend, sometimes we will keep them for a night on her weekend. She rarely even keeps them over night on her weekends, they generally will spend one night with their aunt and one night with her parents. She never gets their hair cut or buys things they need, she will wait for Alex to get it done. She also asks for more money all the time and we aren't really sure where the money he gives her goes to because she doesn't feed them or anything like that. There is a lot more to the case but that is the highlights. Does he have a case and if so what do we need to do?


Asked on 11/01/09, 1:08 am

1 Answer from Attorneys

John Clark Gordon Law Group

He may very well have a chance to modify his support order and lower his monthly support payment. Support is based upon an income shares model in Tennessee and there must be a 15% deviation from the original amount if income is the sole basis for the modification. He may also be able to get the parenting plan modified if he is spending additional time with the children and he will certainly get credit for the extra amounts he is spending on the children.

John Jay Clark, Sr.

Gordon Law Group, PLC

803 18th Avenue South

Nashville, TN 37203

(615) 321-0220

www.gordonlawgroup.com

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Answered on 11/06/09, 9:13 am


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