Miles Mason, Sr.
Memphis family lawyer, Miles Mason, Sr., JD, CPA, practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC. Miles is the author of two books, The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know and The Forensic Accounting Deskbook: A Practical Guide to Financial Investigation and Analysis for Family Lawyers published by the American Bar Association. Both are available on Amazon.
Tennessee Child Support Blog 
Hi
My husband pays child support and is not able to claim it on his taxes. He was not married to his child’s mother. In TN is he able to change the payment classification from child support to family support and claim that on his taxes?
Thank you!
Child support is not deductible from income for federal income taxes under any circumstance.
No. Child support is not deductible in any state. No, I can’t imagine any circumstance where the payment classification could change.
Do disability dependant benefits count towards child support in the state of TN?
If on the parent’s account, it can be included as income to the recipient parent. If on the child’s account, no. Keep in mind that if a parent is disabled and in a true hardship in a legal and factual sense, the Tennessee Child Support Guidelines provide for hardship exceptions to the Guideline’s application. This means the disabled parent may not have to pay support pursuant to the Guidelines.
Also, a recent case (check Tennessee Family Law Blog on MemphisDivorce.com for current cases) says that the social security disability payments can’t be subject to an income withholding order.
Miles Mason, Sr.
Attorney, Miles Mason Family Law Group, PLC, Serving clients in Memphis • Germantown • Collierville • West Tennessee. MemphisDivorce.com. We aim to be your best option for finding a Memphis divorce lawyer, Germantown divorce lawyer, or Collierville divorce lawyer.
The response above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this site is available for public viewing and is not intended to create an attorney-client relationship with any individual. Answers are provided for informational purposes only. A person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Hi Miles,
i had a child support case in Memphis 13 years back and it was closed by the courts due to the mother and child leaving the state. TN said since they were no longer TN state residents they closed the case. The mother and child then moved to Washington State. During this time i continued paying child support per the TN court order. The mother tried to have to the case enforced by Washington state but TN said they didn’t have jurisdiction over the enforcement because it was never transferred before TN closed it out. So now Washington State is requiring me to pay the Child support payments to them. They are trying to enforce an order that they don’t have jurisdiction over. When i call the TN child support office, they told me the case has been closed and they no longer deducting the payments out of my check. Then the mother and child moved to PA and tried to move the support or to PA and they said no. She also tried moving the case to the state of Florida, which I’m a resident of. They also told her no. The child will soon be trying 18, in the next 4 months. At what point can I tell Washington State to stop bugging me for child support payments, since the parties are not even residents in that state? And When can I stop paying without repercussions? It seems TN doesn’t want anything to do with the case. But won’t transfer it either. I’m paid up to date and I’m not behind. The mother and child both have drop off the radar.
This is a very complicated set of questions. The EXACT answers will likely require a lawyer to review all of the legal pleadings including those that you may not even have. That said, my first concern is whether you are actually “paid up.” Be prepared to prove it FOR YEARS TO COME. Keep all of your records of payments in a very safe place. My second concern is that Tennessee does have a relatively new and rather vague law that Tennessee child support could be abated if the custodial parent hid the child. But, you need to bring that petition as soon as possible and talk to an experienced family law attorney about it in detail based on your circumstances. Finally, with respect to multiple states seeking to collect from you, that situation is not unusual. They can try and do that. That is their job. Fairness and common sense be damned, you must deal with them. And, going back to my first concern, always be prepared to prove your payments.
Miles Mason, Sr.
Attorney, Miles Mason Family Law Group, PLC, Serving clients in Memphis • Germantown • Collierville • West Tennessee. MemphisDivorce.com. We aim to be your best option for finding a Memphis divorce lawyer, Germantown divorce lawyer, or Collierville divorce lawyer.
The response above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this site is available for public viewing and is not intended to create an attorney-client relationship with any individual. Answers are provided for informational purposes only. A person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.