Child Support

[curious]

Does anyone else in this county think that our Judges are too soft when it comes to parents who don't pay their child support? I don't know of anyone who has actually served jail time or any other form of punishment (that actually counts as punshiment.) Most people just get a slap on the wrist and then they are told to pay it. Which they never do.

[wolfeagle]

curious wrote:

Does anyone else in this county think that our Judges are too soft when it comes to parents who don't pay their child support? I don't know of anyone who has actually served jail time or any other form of punishment (that actually counts as punshiment.) Most people just get a slap on the wrist and then they are told to pay it. Which they never do.

I think that YES judges are too linient with dead beat parents. Too many men are classified as "sperm donors" than they are "fathers". There is a great big difference between the two. Times are simply too rough for two people to raise a kid, much less a single parent footing the bills all alone. Although I am NOT a lawyer there are ways to go about doing things. First I suggest "educating the mind". In doing so you do not need to go to college or any of that crap, just read books and other information and absorb what you read. I know many people in Rhea County, TN get pissed off at me purely because I have a brain and speak up against stupidity. I simply do not let people spoon feed me crap and claim that it is chocolate and is good for me. The heck with that. Also, that is another reason I read and contribute articles to www.RheaCountyNewspaper.com exposing these idiots who are polished up as gems by the local Herald-News, which by the way is slowly fading away... I am honored to have played (and con't. to play) a vital part in stomping out the Herald-News along with it's mindless reporting of whatever they are told to print. Now, back to the child support issue you speak of...

[wolfeagle]

A petition for civil contempt is one of the most effective ways to force a parent to pay child support if they simply have stopped paying. A petition for contempt is a document that asks the court to hold the parent in contempt for failing to pay child support. The court is given the power to hold the parent in contempt under Tenn. Code Ann. 29-9-104.
You may start the process by having your Tennessee lawyer draft the petition and filing it with the court. The delinquent parent (defendant) is then served with a copy and ordered to appear in court on a certain date to answer. If the defendant cannot afford an attorney, they may ask the court to appoint one for them. The defendant will be required to complete a form called the Uniform Affidavit of Indigency. This document helps the court determine if the defendant really cannot afford an attorney. Actually, you can use your computer and learn exactly how to do all of this yourself. You can even ask any contributor at www.RheaCountyNewspaper.com for help and they will help you. Naturally, they use the famous :we are not lawyers: disclaimer crap, but their advise can help you save yourself TIME and most of all MONEY.
The next step is a hearing before the court.
At the hearing you must show several things in order to hold the defendant in contempt. You must show that there was an order requiring the defendant to pay child support (if you are divorced this will probably be in your final decree). You must show that the defendant failed to follow the order by not paying child support. These first two are usually fairly easy to establish. The third item that must be established is that the defendant was willful and deliberate in not paying child support. This basically means that they could have paid child support but didn't. For example, if the defendant did not pay because they were in prison, they may have a defense.
If the defendant is held in contempt, the court can fine and/or incarcerate them in the county jail. Punishment for contempt can be up to 10 days for each count. For example, if a defendant has missed 5 payments, then they could go to jail for 50 days. In addition, the court may award the petitioner a judgment for the unpaid child support.
Now with that all said, I will now insert the disclaimer of "I AM NOT AN ATTORNEY. THIS IS NOT LEGAL ADVISE BUT IS SUBMITTED FOR EDUCATIONAL PURPOSES ONLY.
See, it is really that simple in helping people help themselves. I am going to submit this information to the "Wizard Question" section of www.RheaCountyNewspaper.com so as to maybe help someone else in a similar situation. Good Luck!
Constable Roy L. Denton, retired aka "WolfEagle"

[wolfeagle]

I think that YES judges are too linient with dead beat parents. Too many men are classified as "sperm donors" than they are "fathers". There is a great big difference between the two. Times are simply too rough for two people to raise a kid, much less a single parent footing the bills all alone. Although I am NOT a lawyer there are ways to go about doing things. First I suggest "educating the mind". In doing so you do not need to go to college or any of that crap, just read books and other information and absorb what you read. I know many people in Rhea County, TN get pissed off at me purely because I have a brain and speak up against stupidity. I simply do not let people spoon feed me crap and claim that it is chocolate and is good for me. The heck with that. Also, that is another reason I read and contribute articles to www.RheaCountyNewspaper.com exposing these idiots who are polished up as gems by the local Herald-News, which by the way is slowly fading away... I am honored to have played (and con't. to play) a vital part in stomping out the Herald-News along with it's mindless reporting of whatever they are told to print. Now, back to the child support issue you speak of...

A petition for civil contempt is one of the most effective ways to force a parent to pay child support if they simply have stopped paying. A petition for contempt is a document that asks the court to hold the parent in contempt for failing to pay child support. The court is given the power to hold the parent in contempt under Tenn. Code Ann. 29-9-104.

You may start the process by having your Tennessee lawyer draft the petition and filing it with the court. The delinquent parent (defendant) is then served with a copy and ordered to appear in court on a certain date to answer. If the defendant cannot afford an attorney, they may ask the court to appoint one for them. The defendant will be required to complete a form called the Uniform Affidavit of Indigency. This document helps the court determine if the defendant really cannot afford an attorney. Actually, you can use your computer and learn exactly how to do all of this yourself. You can even ask any contributor at www.RheaCountyNewspaper.com for help and they will help you. Naturally, they use the famous :we are not lawyers: disclaimer crap, but their advise can help you save yourself TIME and most of all MONEY.

The next step is a hearing before the court.

At the hearing you must show several things in order to hold the defendant in contempt. You must show that there was an order requiring the defendant to pay child support (if you are divorced this will probably be in your final decree). You must show that the defendant failed to follow the order by not paying child support. These first two are usually fairly easy to establish. The third item that must be established is that the defendant was willful and deliberate in not paying child support. This basically means that they could have paid child support but didn't. For example, if the defendant did not pay because they were in prison, they may have a defense.

If the defendant is held in contempt, the court can fine and/or incarcerate them in the county jail. Punishment for contempt can be up to 10 days for each count. If a defendant has missed 5 payments, then they could go to jail for 50 days. In addition, the court may award the petitioner a judgment for the unpaid child support.

Now with that all said, I will now insert the disclaimer of "I AM NOT AN ATTORNEY. THIS IS NOT LEGAL ADVISE BUT IS SUBMITTED FOR EDUCATIONAL PURPOSES ONLY. See, it is really that simple in helping people help themselves. I am going to submit this information to the "Wizard Question" section of www.RheaCountyNewspaper.com so as to maybe help someone else in a similar situation. Good Luck!

Constable Roy L. Denton, retired aka "WolfEagle"

[curious]

I've already did that and had his rights terminated. Now his child support and medical bills and my attorneys fees are a judgment. The problem is that I know in reality I'm never going to see the money his owes me (about 25000) I'm going to be spending more money on attorneys fees on taking him back to court for not paying. It will be a never ending cycle.

[wolfeagle]

Sadly, you are probably correct. Remember, the key word in your statement is "judgment". This means you have a "judgment" against him. Judgments are usually valid for 10 yrs which then by motion can be re-newed. What you could do is simply take the copy of the judgment and file it with the circuit court clerks office and have them file a garnishment against him. If he works then his employer MUST calculate and deduct an amount (as high as 35%) from his gross pay and it is sent to the court where they in turn subtract it from the judgment amount and mail a check to you. Do NOT give up because this is what most people want people who are getting screwed over to do,,,, they want them to just throw their hands in the air and quit. Hope this helps.
Constable Roy L. Denton, retired