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I am disabled and primary custodial parent. My ex has never…

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I am disabled and...

I am disabled and primary custodial parent. My ex has never pd child support, and I haven’t fought for it. I’ve always saved for my son’s college fund. Now, though, he’s in 9th grade. It’s imperative that my ex help. I don’t want to take him back to court but am unsure if other options are available. We live in TN. I get $2000.00/mth, and my son gets $759.00/mth support. My husband gives us 300-400 from time-to-time but not regularly. He makes $20/hour at his job and works overtime sometimes. Is there a certain % he should be paying based on basic numbers I’ve provided? If so, could you give me a general amount? I know they won’t be exact. I know there’s a sheet that you fill in, but I’m just looking for general info first. I’m pretty sure my son will get a scholarship if he continues to care. He tries so hard. He has a 4.0 and took ACT through Duke University in 7 & 8 grade. He made a 21 and then a 26. He will take a again in a couple of years and is also going to take SAT. I still want to save or borrow (if I have to) so he can attend the college of his dreams and become the lawyer I know he wants to and is capable of becoming. Thanks for listening to all the extra mom babble!!!!

Lawyer's Assistant: What steps have you taken? Have you filed any papers in TN family court?

We have orig divorce papers. He had to pay about 300.00. He was trying to start own construction co. He works for one in mphs now. Pays better. Back then I think he was paying himself w cash part of the time. I taught third grade and he took care of getting his stuff together.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No...I tried to look up at least a baseline %.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’m not really going after back-pay. I’m not mean or vindictive. Wouldn’t ask if didn’t have to. I have uncontrolled seizures, trigeminal neuralgia, chronic insomnia, chronic migraine, tmjd w cartilage disappearing, back probs that will cont to get worse...there’s more but those are biggies. Uses Morgan and Morgan for ss dis and Caldwell in Ripley for divorce. Divorce filed in Tipton county courthouse in Covington, tn

Submitted: 4 months ago.Category: Family Law
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Customer reply replied 4 months ago
Waiting for response to above question
Customer reply replied 4 months ago

I am disabled and primary custodial parent. My ex has never pd child support, and I haven’t fought for it. I’ve always saved for my son’s college fund. Now, though, he’s in 9th grade. It’s imperative that my ex help. I don’t want to take him back to court but am unsure if other options are available. We live in TN. I get $2000.00/mth, and my son gets $759.00/mth support. My husband gives us 300-400 from time-to-time but not regularly. He makes $20/hour at his job and works overtime sometimes. Is there a certain % he should be paying based on basic numbers I’ve provided? If so, could you give me a general amount? I know they won’t be exact. I know there’s a sheet that you fill in, but I’m just looking for general info first. I’m pretty sure my son will get a scholarship if he continues to care. He tries so hard. He has a 4.0 and took ACT through Duke University in 7 & 8 grade. He made a 21 and then a 26. He will take a again in a couple of years and is also going to take SAT. I still want to save or borrow (if I have to) so he can attend the college of his dreams and become the lawyer I know he wants to and is capable of becoming. Thanks for listening to all the extra mom babble!!!!

Lawyer's Assistant: What steps have you taken? Have you filed any papers in TN family court?

We have orig divorce papers. He had to pay about 300.00. He was trying to start own construction co. He works for one in mphs now. Pays better. Back then I think he was paying himself w cash part of the time. I taught third grade and he took care of getting his stuff together.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No...I tried to look up at least a baseline %.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’m not really going after back-pay. I’m not mean or vindictive. Wouldn’t ask if didn’t have to. I have uncontrolled seizures, trigeminal neuralgia, chronic insomnia, chronic migraine, tmjd w cartilage disappearing, back probs that will cont to get worse...there’s more but those are biggies. Uses Morgan and Morgan for ss dis and Caldwell in Ripley for divorce. Divorce filed in Tipton county courthouse in Covington, tn

Answered in 44 minutes by:
4/15/2018
Family Lawyer: Sue, Family Law Attorney replied 4 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 629
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

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Customer reply replied 4 months ago
Ok. Thank you
Family Lawyer: Sue, Family Law Attorney replied 4 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

Although child support comes to the custodial parent, it is for the child's benefit. There's nothing vindictive about wanting the man who fathered the child to help support him. Your son deserves the back pay, called arrearages, too.

It's common to return to court for a new child support order after this long because your son's, your and the father's situations have changed quite a bit.

If you haven't tried this handy on-line calculator yet, this is a great place to start. It's from a TN government website, so it's a site you can trust, not one that will ask you to pay a fee.

I'm suggesting you run it yourself, as the calculator will ask you questions I won't be able to answer.

You can go back to Caldwell to ask them to file a motion to adjust child support, and for an order for automatic payroll deduction.

However, you may not need an attorney. The TN Department of Human Services (DHS) can help you request the modification. Here is their modification page. At the bottom of the page you can click on the English or Spanish version of DHS's modification brochure, and below that you can click on a link to find the child support office that serves your county.

Is this information helpful?

Do you have other questions?

Sue

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Customer reply replied 4 months ago
Last gen ?...my ex makes 41000-45000. My son’s support from the state is 769.00 per month. I put away ever dime I can for him and every single cent I spend I usually spend on him. I’m just trying to find out if it’s around 10%, 12%, etc. I’m going to visit the website you suggested. I just want this to be as pain free and stress fee as possible, for my son and for my health.
Customer reply replied 4 months ago
No call-just need an approximate generalized %
Family Lawyer: Sue, Family Law Attorney replied 4 months ago

It's the JA site that offers phone calls.

I'm happy to continue to assist you via this method.

The calculator should give you a good idea of what the support ought to be.

If you ask DHS to assist you, that should take a lot of the stress out of this process. Your ex isn't going to like it, but he's been getting away with way less than he should've been paying for ~13 years.

After you run the calculator, do you want to let me know if you have other questions?

Sue

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