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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My husband has 3 different child support cases all in TN.

Customer Question

My husband has 3 different child support cases all in TN. After being unemployeed for 6 months he is now over $5,000 behind and facing having his license suspended and facing possible jail time. Everyone has received a partial payment every month and he has taken employment for less money but better benefits at Univ. of TN (this will help with college tuition). We can not afford an attorney and have to work with 3 different counties. How can I best proceed in having the monthy and arreares support lowered and keep him out of jail and driving so he can still work. Your help is greatly appreciated.

Thank you,
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - The only way to get the payments reduced is to file a motion to amend the support to a lower amount. This should have been done as soon as he became unemployed. The courts will not reduce the amount to zero but they will lower it based on his income levels. If there is no motion to reduce the support it will stay the same. Support is based on guidelines and calculated according to the incomes of the parents. When there are this many different payees it can make it a difficult situation once the payments get behind since there's only so much money to go around. So the only way to get any relief is to file a motion to amend the various orders to reduce the base amounts. The payments on the arrearage are likely to remain the same.
Customer: replied 4 years ago.

The request for the monthly support was mailed to two of the counties in July after he took the job at UT. The case worker in Madison county is bias in the mothers favor and discarded the request, stating that we needed to of called and requested the forms from her first and she would of opened a request at that time and since proceedures were not followed we would have to request it thru her at this time. However the Tipton case worker excepted the request and that case is being re-evaluated and she stopped the drivers license from being suppended. I have requested the case workers supervisor in Madison tro return my call and yet here I wait. In the meantime a warrent is being put out and his drivers license is in jepardy. How could I have the case worker transfer the case to Knox county as ordered by the judge now that she has started the re-evaluation.

Expert:  Dave Kennett replied 4 years ago.

If the judge ordered that the case be transferred why wasn't it transferred? Are you trying to represent your husband in all of this and expecting to get return phone calls from the caseworkers?

Customer: replied 4 years ago.

Yes, my husband mailed an notorized release form so the case workers can work with me. All three have received and have been working with me because he is unable to talk on the phone during their business hours. The case worker stopped the transfer to Knox by starting the re-evaluation of child support. I've called the judges office and they are the ones who advised me to file a complaint on the case worker and work with her supervisor, however she has yet to return my call. Do you know of a contact at the central child support office in Nashville who might be able to assist me. Also the two mothers (Knox and Madison counties) are working together and ultimately trying to have him arrested and sign over his parental rights if he wants all this to stop. The judge and case worker in Knox are aware of this and have provided him an attorney (who happens to be friends with the mothers attorney and has not done anything requested of him). On that matter can I request a new court appointed attorney without upsetting anyone?

Expert:  Dave Kennett replied 4 years ago.
I have no way of knowing local personnel in various counties in the US. This is beyond what we can do from this website and it is not legal information but simply contacting a specific office. You would have to contact the office directly and ask to speak to a supervisor. It is really difficult when you are not an attorney to try to represent someone in a family law case. They can simply refuse to talk to you and you have no authority to go to court and represent your husband regardless of the power of attorney. So all you can do is keep calling and trying to get hold to the proper party.
Customer: replied 4 years ago.

Thank you for your time.

Customer: replied 4 years ago.

The expert was not familiar with the state's regulations and was not able to properly assist me.