If you have been ordered to pay child support in Tennessee, keeping up on your payments is important, both for your child and for you. For your child, child support is intended to help cover his/her care and maintenance. For you, falling behind on your child support payments can have serious legal and financial consequences because the state takes child support enforcement seriously to ensure that children receive the financial support they need. If you are struggling to keep up with your payments, it is important to understand the potential repercussions
and what steps you can take to address the situation. Toward that end, a Murfreesboro child support attorney at Bennett | Michael | Hornsby explains what happens if you fall behind on child support in Tennessee.
Tennessee Child Support Basics
Child support can be ordered during a divorce or as a separate legal action if the parents are not married. When ordered through the process of divorce, child support becomes part of a larger Parenting Plan that is approved by the court. Child support is calculated using the Tennessee Child Support Guidelines which uses the Income Shares Model. When a court order child support, it is just that – an order from the court. Failing to pay child support pursuant to the court order is a violation of that order.
Legal Consequences of Failing to Pay Child Support
In the State of Tennessee, the Tennessee Department of Human Services (TDHS), through its Child Support Program, is responsible for enforcing child support orders when a parent falls behind on payments. Enforcement tools frequently used by the TDHS include:
- Income Withholding: One of the most common ways Tennessee enforces child support obligations is through wage garnishment which is frequently required as part of the initial child support order. Income withholding is a court order requiring your employer to withhold a portion of your wages and send it directly to the state’s child support agency for distribution to the payee (other parent).
- Contempt of Court: Because child support is a court order, the payee (other parent) can petition the court to hold you in contempt if you fall behind on payments. You may be required to appear in court for a hearing at which time the judge can impose penalties, including fines or even jail time if you are found to be in contempt of court for non-payment. If you are found to have willfully refused to pay your child support, Tennessee law allows for incarceration of up to six months for civil contempt.
- License Suspension: Falling behind on child support can result in the suspension of various licenses, including driver’s licenses, professional licenses, and even hunting and fishing licenses. Reinstating these licenses usually requires paying a significant portion of the overdue amount. Keep in mind that unpaid child support in Tennessee accrues interest at a rate of 12 percent per year, which can add up if you get behind.
- Seizure of Tax Refunds and Other Funds: The State of Tennessee can intercept federal and state tax refunds, as well as lottery winnings and other state-issued payments, to cover child support arrears.
- Liens on Property: The State can place liens on real estate and personal property, including vehicles, preventing the sale or transfer of these assets until the outstanding child support debt is resolved.
- Denial of Passports: If you owe more than $2,500 in back child support, the federal government can deny you a passport or refuse to renew an existing one.
- Credit Reporting: Unpaid child support can be reported to credit agencies, which may negatively impact your credit score and make it harder to obtain loans, housing, or other financial services.
What Should I Do If I Am Behind on Child Support in Tennessee?
If your financial circumstances have changed, and you are unable to make your child support payments due to financial hardship, it is crucial address the situation as soon as possible. Simply ignoring your child support obligation will serve only to make the situation worse. You may be eligible to petition the court for a modification of your child support order which could decrease the amount you are required to pay going forward. In the meantime, it is in your best interest to pay what you are able to pay to decrease your arrears. Talking to an experienced Tennessee child support attorney as soon as possible is the best way to determine your legal options if you are behind on child support payments.
Contact a Murfreesboro Child Support Attorney
If you have additional questions about what happens if you are behind on child support in Tennessee, consult with an experienced Murfreesboro child support attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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