Douglass & Runger - April 2023

Stopped Payment Legal Remedies for Past-Due Child Support Parenthood has many responsibilities, including the legal obligation to support your child(ren). When a couple divorces, a family court will determine a fair amount for the Non-Primary Residential Parent to pay in Child Support. Ideally, the Non-Primary Residential Parent would always pay this amount as ordered to the Primary Residential Parent each month. But we don’t live in an ideal world, so Primary Residential Parents must often ask: What happens if my ex doesn’t pay? Unfortunately, the courts won’t know if the Non-Primary Residential Parent is not paying child support unless the Primary Residential Parent notifies them. In the eyes of the law, no news is good news, and they won’t act without a request. But Tennessee takes non-payment of Child Support seriously, and many legal remedies are available for Primary Residential Parents. Raising a child is expensive and should not fall solely on the Primary Residential Parent. So, emotions can run high when a Child Support payment doesn’t arrive. But it’s generally wise to initially take a diplomatic approach, especially with a parent who has otherwise paid on time. Ask your ex about the payment directly, but ideally, conduct this conversation via text or email to create a written record. Being patient or giving your ex leeway may hurt, but going to court can be time- consuming and costly. It’s usually worth waiting at least 45 days before taking legal action, or you could waste resources. But if you can’t resolve the matter within 90 days, a family law attorney can petition the Court for Contempt and Collection. The Court may impose various remedies once they learn the Non-Primary Residential Parent failed to pay Child Support. One option is an Income Withholding Order, which acts like a garnishment. Child Support payments will come directly from the Non-Primary Residential Parent’s wages. Further, Tennessee can seize state benefits or tax returns to repay due Child Support, and the court may impose interest on past-due payments.

Easy Fruit Dip

Inspired by InspiredByCharm.com

Spring is here, which means it’s time to enjoy fresh fruits and refreshing treats! This recipe has only four ingredients and can be made in under five minutes, so it’s great to bring to parties or make before a quick get-together. We recommend serving it with strawberries or cut-up pineapple, mango, and honeydew.

INGREDIENTS • 1 7-oz jar marshmallow fluff

• Splash of maraschino cherry juice • Fresh-cut fruit of your choice

• 1 8-oz package of

cream cheese, softened

• 1 cup vanilla yogurt

DIRECTIONS 1. In a bowl, place all the ingredients except fruit and blend with a hand mixer until smooth. 2. Cover bowl with plastic wrap and refrigerate for 1–2 hours before serving.

3. Serve with fresh-cut fruit. Dip and enjoy!

INSPIRATION “It’s never too late

to be what you might’ve been.” —George Eliot

The Court can also hold the Non-Primary Residential Parent in Contempt. If found to be in Civil Contempt of Court, a Non-Primary Residential parent can be jailed until they pay the money owed. Criminal Contempt results in a mandatory jail sentence, but the courts usually only use this remedy for repeat offenders. If you’ve been unable to collect past-due Child Support payments, the experienced team at Douglass & Runger can help. Call us at (901) 388-5805 to learn more about resolving this stressful matter.

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