child support
- Thread Starter mrgee79
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army judge
Super Moderator
She could be a millionaire, it won't matter.
What matters is what the court (and your state) says is required child support for one child, two children, three children, or more; in your state.
Bad mouthing the other parent, true or false, only annoys the court.
Even that can't affect what amount of child support one pays.
You pay by what your state statute says must be paid.
The child support paid isn't for the other parent, it goes to the support and care of your child.
Good luck.
Proserpina
Moderator
shrinkmaster
Well-Known Member
Letters from friends don't mean squat. If your over paying then you need to prove that with evidence not someone's word. As stated above what is basis of your claim?
disagreeable
Well-Known Member
Support and gifts are considered differently by the court. Unless there was a support contract signed, they were gifts and the court may ignore them.
army judge
Super Moderator
I would suggest a slight variation:
Support and gifts are considered differently by the court. Unless there was a support ORDER by a JUDGE, they were gifts and the court WILL TREAT THEM AS SUCH.
I do know of one person in my family who was able to get his support order reduced when he produced receipts showing the "support" he was giving his children. He had to repeatedly ask for a hearing in front of a judge. His lawyer told him it would be a waste of time. He insisted. The judge finally set the hearing and asked him "sir, why don't you want to support your kids?" "He said, Your Honor I DO support my kids," and he produced his receipts. The receipts he had included medical, dental and vision expenses. I'm not sure if he went further showing receipts for shoes, clothing, school supplies etc, but probably. He kept everything.
You can always try to present your "evidence" to a judge, but no one can say for sure what a judge will rule.
You can always try to present your "evidence" to a judge, but no one can say for sure what a judge will rule.
army judge
Super Moderator
You have the right to request a review of your child support order to see if the amount of support should be changed or if medical support in the form of health insurance and/or cash medical support should be added.
The Tennessee Child Support Guidelines will be used to determine the amount of child support. The order will not be modified unless there has been a major change in circumstances, as described in the Child Support Guidelines, such as the emancipation of a child or the addition of another child to the same parents.
A review may result in an increase or decrease in the amount of support ordered; or the amount may remain the same. After a review, you will receive a notice that describes the action taken and explains your right to appeal the action if you do not agree with it. To request a review of your child support order, contact your local child support office.
Go to http://www.state.tn.us/humanserv/is/incomeshares.html to see more TN Child Support Guidelines.
https://www.tn.gov/humanserv/cs/cs_handbook.pdf
1. Federal and state laws require the state child support agency to have a process for appealing certain actions the agency takes. If a party to a child support case does not agree with an administrative action that Child Support Services has taken in their case, they may appeal that action and request a hearing on it. To do this, the party must submit a written request to either the DHS Division of Appeals and Hearings, the local child support office, or DHS Customer Service. To contact these offices, see below.
For a form you can use to file an appeal, contact a customer service representative or the local child support office.
The form is also available on the DHS intranet website at
http://www.state.tn.us/humanserv/forms/forms.html
Although your request for a hearing must be in writing, you are not required to use this form.
You may submit your written request to the local child support office where the action and decision took place, to the Division of Appeals and Hearings, or to any other Department of Human Services (DHS) office.
The address and phone number for the Division of Appeals and Hearings are:
Division of Appeals and Hearings
P.O. Box 198996
Nashville, TN 37219-8996
Telephone: (615) 313-5800
To reach Customer Service, call 1-800-838-6911 toll-free or 615-253-4394 in the Nashville calling area.
APPEALS
To appeal an administrative action taken on your case, you must file a written request for an administrative hearing with the Department (the local child support office, the Division of Appeals and Hearings, or DHS Customer Service). Your appeal request must reach the local office, Division of Appeals and Hearings or Customer Service within the stated time limit.
Different types of appeals have different filing deadlines, as shown below:
a) License Revocation
To appeal a license revocation, your written request must reach the Department (i.e., the local child support office, the Division of Appeals and Hearings, or DHS Customer Service) within twenty (20) days of the date of the notice.
b) Distribution (payment) of Support
If you disagree with the distribution (payment to you) of a child support payment, you can file an appeal but no hearing will be held until after you contact Customer Service and try to resolve the disagreement. If we cannot resolve it within thirty (30) days, we will notify you in writing of our findings and of the fact that you may continue the appeal process if you choose. In addition, an administrative hearing will be automatically scheduled.
c) Other Administrative Actions
To appeal other adverse (unfavorable) administrative actions, your written request must reach the Department (i.e., the local child support office, the Division of Appeals and Hearings, or DHS Customer Service) within fifteen (15) days of the date of the notice or the actual adverse action. These include: the interception of federal income tax refunds or other federal benefits, passport denial, the review and adjustment of a support order, an administrative lien and seizure, a credit bureau referral, etc.
4. Regardless of the type of appeal, you should provide the following information in your written request for a hearing; your name and address, a telephone number at which you can be reached at the time of the hearing, the name and address of the other party in the case, the case number, the date the action or decision took place, the place where the action or decision took place, and a detailed description of your complaint.
5. All hearings will be held by telephone unless an in-person hearing is requested; therefore, you must provide a telephone number(s) at which you can be reached at the time of the hearing.
6. The local office may not deny anyone the right to file an appeal. The Division of Appeals and Hearings will determine if a request for a fair hearing was filed within the time allowed by law.
7. Space is provided on the appeal form for you to explain the reason for your appeal. Even if you do not use the DHS appeal form, be sure to explain the reason in detail.
8. A Hearing Officer from the DHS Division of Appeals and Hearings will be assigned to the appeal and is in charge of the appeal proceedings.
9. The Hearing Officer to whom the hearing is assigned will notify all parties of the hearing schedule (date, time, etc.).
10. At the hearing, DHS will be represented by the local IV-D Child Support office responsible for the case. The person who requested the appeal and/or the other party to the case may be represented by a private lawyer if he or she wishes.
The Tennessee Child Support Guidelines will be used to determine the amount of child support. The order will not be modified unless there has been a major change in circumstances, as described in the Child Support Guidelines, such as the emancipation of a child or the addition of another child to the same parents.
A review may result in an increase or decrease in the amount of support ordered; or the amount may remain the same. After a review, you will receive a notice that describes the action taken and explains your right to appeal the action if you do not agree with it. To request a review of your child support order, contact your local child support office.
Go to http://www.state.tn.us/humanserv/is/incomeshares.html to see more TN Child Support Guidelines.
https://www.tn.gov/humanserv/cs/cs_handbook.pdf
1. Federal and state laws require the state child support agency to have a process for appealing certain actions the agency takes. If a party to a child support case does not agree with an administrative action that Child Support Services has taken in their case, they may appeal that action and request a hearing on it. To do this, the party must submit a written request to either the DHS Division of Appeals and Hearings, the local child support office, or DHS Customer Service. To contact these offices, see below.
For a form you can use to file an appeal, contact a customer service representative or the local child support office.
The form is also available on the DHS intranet website at
http://www.state.tn.us/humanserv/forms/forms.html
Although your request for a hearing must be in writing, you are not required to use this form.
You may submit your written request to the local child support office where the action and decision took place, to the Division of Appeals and Hearings, or to any other Department of Human Services (DHS) office.
The address and phone number for the Division of Appeals and Hearings are:
Division of Appeals and Hearings
P.O. Box 198996
Nashville, TN 37219-8996
Telephone: (615) 313-5800
To reach Customer Service, call 1-800-838-6911 toll-free or 615-253-4394 in the Nashville calling area.
APPEALS
To appeal an administrative action taken on your case, you must file a written request for an administrative hearing with the Department (the local child support office, the Division of Appeals and Hearings, or DHS Customer Service). Your appeal request must reach the local office, Division of Appeals and Hearings or Customer Service within the stated time limit.
Different types of appeals have different filing deadlines, as shown below:
a) License Revocation
To appeal a license revocation, your written request must reach the Department (i.e., the local child support office, the Division of Appeals and Hearings, or DHS Customer Service) within twenty (20) days of the date of the notice.
b) Distribution (payment) of Support
If you disagree with the distribution (payment to you) of a child support payment, you can file an appeal but no hearing will be held until after you contact Customer Service and try to resolve the disagreement. If we cannot resolve it within thirty (30) days, we will notify you in writing of our findings and of the fact that you may continue the appeal process if you choose. In addition, an administrative hearing will be automatically scheduled.
c) Other Administrative Actions
To appeal other adverse (unfavorable) administrative actions, your written request must reach the Department (i.e., the local child support office, the Division of Appeals and Hearings, or DHS Customer Service) within fifteen (15) days of the date of the notice or the actual adverse action. These include: the interception of federal income tax refunds or other federal benefits, passport denial, the review and adjustment of a support order, an administrative lien and seizure, a credit bureau referral, etc.
4. Regardless of the type of appeal, you should provide the following information in your written request for a hearing; your name and address, a telephone number at which you can be reached at the time of the hearing, the name and address of the other party in the case, the case number, the date the action or decision took place, the place where the action or decision took place, and a detailed description of your complaint.
5. All hearings will be held by telephone unless an in-person hearing is requested; therefore, you must provide a telephone number(s) at which you can be reached at the time of the hearing.
6. The local office may not deny anyone the right to file an appeal. The Division of Appeals and Hearings will determine if a request for a fair hearing was filed within the time allowed by law.
7. Space is provided on the appeal form for you to explain the reason for your appeal. Even if you do not use the DHS appeal form, be sure to explain the reason in detail.
8. A Hearing Officer from the DHS Division of Appeals and Hearings will be assigned to the appeal and is in charge of the appeal proceedings.
9. The Hearing Officer to whom the hearing is assigned will notify all parties of the hearing schedule (date, time, etc.).
10. At the hearing, DHS will be represented by the local IV-D Child Support office responsible for the case. The person who requested the appeal and/or the other party to the case may be represented by a private lawyer if he or she wishes.
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