TN Father Owes Child Support 18 Years After Divorce Even Though Mother Denied Paternity

Tennessee law case summary on retroactive award of child support in Tennessee divorce and family law from the Tennessee Court of Appeals.

State ex rel Kimbrough v. Hales – Tennessee Child Support Law – Retroactive Order to Birth

Patricia Kimbrough and Brian Hales were divorced in 1991 after less than a year of marriage.  Patricia was at the time pregnant.  Brian filed the divorce complaint, and alleged that Patricia was guilty of inappropriate marital conduct, specifically, by becoming pregnant by another.  The final decree in the divorce case stated that Brian was not the father of the expected child.

According to a later affidavit by Brian, the judge in the 1991 case looked at Patricia and asked her whether it was correct that she was pregnant by another.  According to the affidavit, Patricia said yes, “the audience went ooh ooh ooh” and Patricia held her head down.  According to the affidavit, the judge granted the divorce and told Brian “to have a good life.”

Eighteen years later, in 2010, the State of Tennessee sought to establish Brian’s paternity in order to collect retroactive child support.  The trial court ruled that the issue could not be litigated again, because of the doctrine of res judicata—the thing has already been adjudicated.

The State, however, produced a 2009 DNA Test Report which showed a 99.999998% probability that Brian was the child’s father. Continue reading

Advertisements

Adequate Income Documentation Required Under Tenn. Child Support Laws

Tennessee law case summary on child support and documentation required for income determination under the Guidelines for Tennessee divorce and family law from the Tennessee Court of Appeals.

Jennifer Ferrari-Bullock v Justin Randall – Tennessee child support laws case summary.

Tennessee Child Support Laws Require Adequate Income Documentation

Tennessee Child Support Laws Require Adequate Income Documentation

Jennifer Bullock, Wife, and Justin Randall, Husband, married in 1992. The parties had four minor children. In September of 2009, the Wife filed for orders of protection on behalf of herself and the children against the Husband. The Wife, in the petition, checked a box that indicated she did not know of any pending actions concerning the custody of the children.

According to the report, the Husband restrained the Wife in the kitchen in February of 2009. This put the children and the Wife in fear. She noted that one of the children expressed fear about the Husband the following day. The court issued an ex parte order of protection as a result. Continue reading

Tennessee Child Support Guidelines and Laws Video Series

Tennessee Child Support Guidelines & Laws Video Series

Tennessee Child Support Guidelines and Laws

Tennessee Child Support Guidelines and Laws

On MemphisDivorce.com, view our Tennessee Child Support Guidelines & Laws Video Series helping parents learn about Tennessee child support guidelines and laws including:

TN Father Claimed Income Down from $700K/yr Sought Child Support Lowered

Tennessee law case summary on child support and income determination for modification in Tennessee divorce and family law from the Tennessee Court of Appeals.

Thomas James Milam, Jr v Donna Lisa Vinson Milam – Tennessee Child Support Income Determination

Donna Milam, Mother, and Thomas Milam, Jr, Father, divorced in August of 1997. The Mother was named primary residential parent of the two minor children. The Father was ordered to pay $4,500 per month in child support. He was also required to pay $2,500 per month in rehabilitative alimony for 48 months. In 2000, the Father filed a petition to modify the child support, which was denied by the trial court.

In June of 2010, the Father filed a petition for modification of support and for criminal contempt. He alleged his gross monthly income had decreased as a result of a pay off agreement concerning his place of employment. He wanted the child support payments reduced to $2,182 per month. He also alleged the Mother was in contempt due to failing to return the children in a timely fashion on May 8, 2010. The mother filed a motion to dismiss and the trial court denied it. The Mother and Father then filed various motions related to discovery including a protective order, which was granted by the court. Continue reading

TN Dad Loses $75K/Yr Job, Works @ Starbucks & Jailed for Child Support

Tennessee law case summary on child support, arrearages, contempt, and voluntary unemployment in Tennessee divorce and family law from the Tennessee Court of Appeals.

Teresa Ann Barrett Goodman v Jeffery Wayne Goodman – Child Support Arrearage, Contempt, and Willful Unemployment

The Mother, Teresa Goodman filed for divorce on January 18, 2008 from the Husband, Jeffery Goodman. The couple’s marriage lasted 16 years and, at the time of the divorce, they had a four minor children. The Father was a licensed real estate broker working for Prudential Collins-Maury. Right before the divorce was filed, he took a position with America’s Home Place because the position offered a $75,000 per year salary rather than commission. Continue reading