In Tennessee Child Support Law, Courts Can Prorate as Children Turn 18

Tennessee child support law on proration of child support in Tennessee family law from the Supreme Court of Tennessee.

Sarah Avalon Myatt Clinard (Brown) vs. James Edward Clinard – Tennessee child support law – proration as children grow up

With three children in common, Sarah Clinard Brown and James Edward Clinard were divorced in 1969.  The Mother was awarded custody, and the Father was directed to pay $60 per week as child support.  Less than a year later, the Father began paying $25 per week, prorated for a child having turned 18.  The Mother accepted this $25 per week for 15-years, until the youngest child turned 18-years of age.  No court cases were filed during the entire of the children’s minority.

Then, in 1993, eight years after the youngest child was emancipated, the Mother filed a petition to reduce child support arrearages to a judgment, interest, and for contempt.  The Father conceded he owed arrears, but disputed the amount. Continue reading

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Private Agreement Between Parents For TN Child Support Not Enforceable

Tennessee child support law from the Supreme Court of Tennessee.

Betty Berryhill vs. Charles Thomas Rhodes – Tennessee child support and private agreements not enforceable by paying parent

Questions arose in this case around notions of whether parents can enter into private agreements outside of the Tennessee “Child Support Guidelines.” The Supreme Court firmly ruled that once parents enter the court system, government statues and court precedents about child support will override private agreements found to be inadequate in supporting children.

The factual history of this case appears to have much impact upon the decision of the Supreme Court, as the decision was written with a pointed sympathy towards the Mother.

The story of the Parties began back in 1975 or 1976 when the Mother, Betty Berryhill, was a patient of the Father, a psychiatrist named Dr. Charles T. Rhodes.  A sexual relationship developed, and the Parties had one child, Anika, in 1977.  The Father paid the uninsured maternity expenses and started paying the Mother $200 per month.  Approximately 6 months later, the Father increased the payment to $300 per month.  Any requests by the Mother for an increase in child support were refused. Continue reading

Tennessee Child Support Ends When the Child Reaches 18 or Graduates High School

Tennessee Child Support Ends When the Child Reaches 18 or Graduates High School

Under the Tennessee child support law, the obligation to pay child support ends when that child reaches 18 or graduates with his or her high school class, whichever occurs second   Although it is not legally required to obtain an order terminating child support, we recommend parents do so for two important reasons. Continue reading