Tennessee youngster assist case abstract on credit score for prior overpayment.
The dad and mom on this Montgomery County, Tennessee, case had two kids after they divorced in Kentucky in 2011. The daddy was ordered to pay youngster assist. He subsequently moved to North Carolina, and the mom moved to Tennessee. In 2017, she had the kid assist order enrolled in Tennessee. The order required him to pay a complete of $625.62, which included his present quantity in addition to arrearages. The order referred to as for him to pay it to the Tennessee Central Baby Assist Receipting Unit, and the quantity was subsequently elevated to over $2500, based mostly upon his revenue.
In 2019, the daddy made a petition to scale back the quantity, resulting from his now not being employed by the U.S. Military. He additionally alleged that he had made funds on to the mom of over $17,000, based mostly upon her illustration that she hadn’t been receiving funds from his paycheck by way of the state. However she had certainly been receiving these funds, leading to an overpayment.
The mom argued that the declare for the overpayments was barred by res judicata, since these funds had been made previous to an earlier listening to. She argued that the alleged overpayments ought to have been addressed then, including that his declare to not find out about paying twice was absurd. The trial courtroom additionally famous that the daddy didn’t show his case, in that he by no means provided his incomes statements exhibiting the kid assist deductions.
The trial courtroom agreed, holding that the daddy ought to have raised this declare earlier than the prior listening to. The trial courtroom did, nonetheless, scale back the continued obligation because of the father’s now decrease revenue.
The daddy then appealed to the Tennessee Courtroom of Appeals. The appeals courtroom identified that there have been two bases for denying the declare. Along with the res judicata argument, there was the matter of the daddy not having submitted his incomes statements into proof exhibiting that cost.
The daddy had not appealed this different floor for the ruling. Due to this fact, the appeals courtroom held that there was no purpose to handle the res judicata difficulty, as a result of there was another foundation for the decrease courtroom’s ruling. For these causes, the courtroom affirmed the decrease courtroom’s ruling.
No. M2022-00222-COA-R3-CV (Tenn. Ct. App. Feb. 6, 2023).
See authentic opinion for precise language. Authorized citations omitted.
To be taught extra, see Baby Assist Assortment & Enforcement in Tennessee.
See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes precise examples of parenting plans and youngster assist worksheets from actual instances obtainable on Amazon.com.