If my eighteen year old marries, am I still responsible for child support?
Full Question:
I am trying to find out the laws for paying child support once the child has gotten married? We live in Tennessee and the child we are paying support to is 17, soon to be 18. Once she gets married, are we still responsible to pay child support.
05/06/2007 |
Category: Divorce » Child Support |
State: Tennessee |
#3965
Answer:
Typically, a child is considered emancipated and self-supported upon marriage and is no longer entitled to receive child support.
The applicable Tennessee statutes are as follows:
36-5-101. Decree for support of children — Modification — Delinquencies
— Standing to petition — Court costs and attorneys fees — Means of
collection — Scientific parentage tests.
(a)(1) Upon dissolution of a marriage, whether dissolved absolutely or
by a perpetual or temporary decree of separation, the court may make an
order and decree for the suitable support and maintenance of the children
by either spouse or out of such spouse's property, according to the
nature of the case and the circumstances of the parties, the order or
decree to remain in the court's control.
(2) Courts having jurisdiction of the subject matter and of the parties
are hereby expressly authorized to provide for the future support of the
children, in proper cases, by fixing some definite amount or amounts to
be paid in monthly, semimonthly, or weekly installments, or otherwise, as
circumstances may warrant, and such awards, if not paid, may be enforced
by any appropriate process of the court having jurisdiction, including
levy of execution.
(3) In interstate cases, jurisdiction to modify, alter or enforce
orders or decrees for the support of children shall be determined in
accordance with the provisions of parts 20-29 of this chapter. In
intrastate cases, jurisdiction to modify, alter or enforce orders or
decrees for the support of children shall be determined in accordance
with the provisions of parts 30 and 31 of this chapter.
(4) As used in this chapter, "order," where the context requires,
includes an order concerning child or medical support issued pursuant to
an administrative proceeding in any other state.
(5) In establishing or enforcing any duty of support under this
chapter, the court shall give full faith and credit to all paternity
determinations of any other state or territory, made pursuant to a
voluntary acknowledgment or pursuant to any administrative or judicial
process.
(6) A voluntary acknowledgment of paternity that is completed under the
provisions of § 68-3-203 (g), § 68-3-302, or § 68-3-305 (b), or under
similar provisions of another state or government, when certified by the
state registrar or other governmental or institutional entity maintaining
the record of the acknowledgment, shall be a basis for establishing a
support order without requiring any further proceedings to establish
paternity.
(7) The state of Tennessee, its officers, employees, agents or
contractors, any counties, county officials, the clerks of any court, or
any Title IV-D child support enforcement agency shall not be liable, in
any case, to compensate any person for repayment of child support paid or
for any other costs, as a result of the rescission pursuant to § 24-7-113
of any voluntary acknowledgment, or the rescission of any orders of
legitimation, paternity, or support.
(b)(1) Notwithstanding any other provision of law to the contrary,
neither the department of human services, nor any Title IV-D child
support contractor of the department, nor any recipient of public
assistance in this or any other state or territory, nor any applicant for
either public assistance in this or any other state or territory or for
Title IV-D child support services from the department or any other Title
IV-D agency in this or any other state or territory, shall be required to
demonstrate to a court or administrative tribunal that the caretaker of
the child for whom child support is sought is vested with any more than
physical custody of the subject child or children, in order to have
standing to petition for child support from the legal parent of the child
or children for whom support is sought, or to seek enforcement or
modification of any existing orders involving such child or children.
(2) Legal custody of a child to whom a child support obligation is owed
shall not be a prerequisite to the initiation of any support action or to
the enforcement or modification of any support obligation in such cases,
whether or not the obligation has been assigned to this state or any
other state or territory by operation of law.
(c)(1) The court shall set a specific amount that is due each month, to
be paid in one (1) or more payments as the court directs. In making any
decree or order pursuant to this section, the court shall consider the
provisions of § 34-1-102 (b). Unless the court finds otherwise, each order
made under this section shall contain the current address of the
parties.
(2)(A) The order or decree of the court may provide that the payments
for the support of such child or children shall be paid either to the
clerk of the court or directly to the spouse, or other person awarded the
custody of the child or children; provided, however, that:
(i) The court shall order that all child support payments based upon an
income assignment issued by the clerk be paid to the clerk of the court,
except as set forth in subdivision (c)(2)(A)(ii), for child support cases
that are subject to the provisions for central collection and
disbursement pursuant to § 36-5-116; and
(ii) In all Title IV-D child support cases in which payment of child
support is to be made by income assignment, or otherwise, and in all
cases where payments made by income assignment based upon support orders
entered on or after January 1, 1994, that are not Title IV-D support
cases, but must be made to the central collection and disbursement unit
as provided by § 36-5-116, and, except as may otherwise be allowed by §
36-5-501 (a)(2)(B), the court shall only order that the support payments
be made to the central collection and disbursement unit pursuant to §
36-5-116. No agreement by the parties in a parenting plan, either
temporary or permanent, entered pursuant to the provisions of chapter 6,
part 4 of this title, or any other agreement of the parties or order of
the court, except as may otherwise be allowed by § 36-5-501 (a)(2)(B),
shall alter the requirements for payment to the central collection and
disbursement unit as required by § 36-5-116, and any provision of any
parenting plan, agreement or court order providing for any other payment
procedure contrary to the requirements of § 36-5-116, except as may
otherwise be allowed by § 36-5-50 l(a)(2)(B), whether or not approved by
the court, shall be void and of no effect. No credit shall be given by
the court, the court clerk or the department of human services, for child
support payments required by the support order that are made in
contravention of such requirements; provided, however, that the
department may make any necessary adjustments to the balances owed to
account for changes in the Title IV-D or central collection and
disbursement status of the support case.
(B)(i) When the court enters an order in which the paternity of a child
is determined or support is ordered, enforced or modified for a child,
each individual who is a party to any action pursuant to this part shall
be immediately required to file with the court and, if the case is a
Title IV-D child support case, shall immediately file with the local
Title IV-D child support office, for entry into the state registry of
support cases, and shall update, as appropriate, the parties' and, for
subdivisions (c)(2)(B)(i)(a)(B)(i)(c), the child's or children's:
(a) Full name and any change in name;
(b) Date and place of birth; This information shall be filed with the court as a separate document
containing the parties' and the child's or children's names, dates of birth
and social security numbers. The document shall be placed in an 8.5 x 11 inch
envelope containing the style of the case and docket number of the case and
the document and envelope shall be file stamped by the clerk, and filed under
seal in the case file. The document shall also be provided by the parties to
the Title IV-D child support office together with the other information
required in subdivisions (a) through (h). The social security numbers and
other information filed with the clerk shall be available to the clerk of
court for processing of documents and legal actions such as, but not limited
to, divorce certificates, garnishments, and income assignments. On request,
the sealed information shall be made available to the Department of Human
Services and any other agency required by law to have access to the
information and to such other persons or agencies as ordered by the court.
(c) Residential and mailing addresses;
(d) Home telephone numbers;
(e) Driver license number;
(f) The name, address, and telephone number of the person's employer;
(g) The availability and cost of health insurance for the child; and
(h) Gross annual income.
The requirements of this subdivision (c)(2)(B)(i) may be included in the
court's order.
(ii) Each individual who is a party must update changes in
circumstances of the individual for the information required by
subdivision (c)(2)(B)(i) within ten (10) days of the date of such
change. At the time of the entry of the first order pertaining to child
support after July 1, 1997, clear written notice shall be given to each
party of the requirements of this subsection (c), procedures for complying
with this subsection (c), and a description of the effect or failure to
comply. Such requirement may be noted in the order of the court.
(iii) In any subsequent child support enforcement action, the delivery
of written notice as required by Rule 5 of the Tennessee Rules of Civil
Procedure, to the most recent residential or employer address shown in
the court's records or the Title IV-D agency's records, as required in
subdivision (c)(2)(B)(i) shall be deemed to satisfy the due process
requirements for notice and service of process with respect to that
party, if there is a sufficient showing and the court is satisfied that a
diligent effort has been made to ascertain the location and whereabouts
of the party.
(iv) Upon motion of either party, upon a showing of domestic violence
or the threat of such violence, the court may enter an order to withhold
from public access the address, telephone number, and location of the
alleged victim or victims or threatened victims of such circumstances.
The clerk of the court shall withhold such information based upon the
court's specific order, but may not be held liable for release of such
information.
(d) (1) All support payments that have been paid to the clerk of the
court shall be distributed by the clerk, as provided in the order of the
court, within ten (10) days; provided, that the payments made to the
clerk of the court in Title IV-D child support cases shall be distributed
and deposited pursuant to the operating agreements under subdivision
(d)(3) and the provisions of subdivision (d)(6), after implementation of
the statewide Title IV-D child support computer system in the clerk's
county, and after the appropriate notice to the clerk by the department
under subdivisions (d)(3) and (d)(6).
(2) In every child support case being processed through the state's
central collection and disbursement unit, if unable to provide the
information concerning an order through a computer information transfer,
the clerk shall send a copy of any new order or modification of such
order, prior to or along with the first payment received pursuant to such
order, to the department, or its designee, within ten (10) working days.
(3) Clerks participating in the operation of the statewide Title IV-D
child support computer system shall be bound by the terms of the
agreement and the laws, regulations, and policies and procedures of the
Title IV-D child support program for the term of the agreement, unless
the agreement is canceled by the department after notice to the clerk and
an opportunity to correct any deficiencies caused by failure of the clerk
to comply with federal or state regulations or procedures for operation
of the system within thirty (30) days of such notice. While participating
in the system, the clerks shall be entitled to receive the statutory fee
for the collection and handling of child support obligations under the
Title IV-D program. Any child support payment subject to distribution
through the state's central collection and disbursement unit that has
been received by a clerk shall be sent immediately by the clerk to the
department or its designee, without the necessity of a court order.
(4) The clerks of all courts involved in the collection of any child
support shall cooperate with and provide any reasonable and necessary
assistance to the department or its contractors in the transfer of data
concerning child support to the statewide Title IV-D child support
computer system.
(5) Whenever the clerk has ceased handling Title IV-D child support
payments under the provisions of subdivision (d)(3), and only where the
context requires, all provisions in this chapter relating to the duties
or actions involving the clerk shall be interpreted to substitute the
department or its contractor.
(6) In all cases in which child support payments are subject to
processing through the state's central collection and disbursement unit,
the clerks shall, upon notice by the department, deposit all receipts of
such child support payments on a daily basis to a bank account from which
the state of Tennessee shall electronically debit those payments for the
purpose of obtaining funds to distribute the child support obligations to
the obligee.
(7) In all Title IV-D child support cases, child support payments shall
be made by the obligor to the department. No credit shall be given to an
obligor for any payments made by the obligor or by another person on
behalf of the obligor, directly to an obligee or the obligor's child or
children, unless the obligee remits the payment to the department. In the
event that a Title IV-D case is instituted subsequent to the
establishment of an order of child support, the department shall notify
the obligor and obligee and the appropriate clerk of this fact, and all
payments of child support in Title IV-D cases shall be made by the obligor
to the department, without further order of the court.
(8) When an order provides for the support of two (2) or more children
in a case that is subject to enforcement under Title IV-D, and at least
one (1) child is a public charge, based upon receipt of temporary
assistance pursuant to title 71, chapter 3, part 1, TennCare-Medicaid, or
foster care or other custodial services from the state of Tennessee, the
child support order shall be prorated by the department for purposes of
distribution of the child support to the appropriate person or agency
providing care or support for the child, without the need for modification
of the child support order by the court.
(e)(1)(A) In making the court's determination concerning the amount of
support of any minor child or children of the parties, the court shall
apply, as a rebuttable presumption, the child support guidelines, as
provided in this subsection (e). If the court finds that evidence is
sufficient to rebut this presumption, the court shall make a written
finding that the application of the child support guidelines would be
unjust or inappropriate in that particular case, in order to provide for
the best interest of the child or children, or the equity between the
parties. Findings that the application of the guidelines would be unjust
or inappropriate shall state the amount of support that would have been
ordered under the child support guidelines and a justification for the
variance from the guidelines.
(B) Notwithstanding any provision of this section or any other law or
rule to the contrary, if the net income of the obligor exceeds ten
thousand dollars ($10,000) per month, then the custodial parent must
prove, by a preponderance of the evidence, that child support in excess of
the amount provided for in the child support guidelines is reasonably
necessary to provide for the needs of the minor child or children of the
parties. In making the court's determination, the court shall consider all
available income of the obligor, as required by this chapter, and shall
make a written finding that child support in excess of the amount so
calculated is or is not reasonably necessary to provide for the needs of
the minor child or children of the parties. In determining each party's income for the purpose of applying the child
support guidelines, the court shall deduct each party's capital losses from
that party's capital gains in each year.
(C) When making retroactive support awards, pursuant to the child
support guidelines established pursuant to this subsection (e), in cases
where the parents of the minor child are separated or divorced, but where
the court has not entered an order of child support, the court shall
consider the following factors as a basis for deviation from the
presumption in the child support guidelines that child and medical support
for the benefit of the child shall be awarded retroactively to the date
of the parents' separation or divorce:
(i) Whether the remaining spouse knew or could have known of the
location of the child or children who had been removed from the marital
home by the abandoning spouse; or
(ii) Whether the abandoning spouse, or other caretaker of the child,
intentionally, and without good cause, failed or refused to notify the
remaining spouse of the location of the child following removal of the
child from the marital home by the abandoning spouse; and
(iii) The attempts, if any, by the abandoning spouse, or other
caretaker of the child, to notify the remaining spouse of the location of
the child following removal of the child from the marital home by the
abandoning spouse.
(D) In cases in which the presumption of the application of the
guidelines is rebutted by clear and convincing evidence, the court shall
deviate from the child support guidelines to reduce, in whole or in
part, any retroactive support. The court must make a written finding that
application of the guidelines would be unjust or inappropriate, in order
to provide for the best interests of the child or children or the equity
between the parties.
(E) Deviations shall not be granted in circumstances where, based upon
clear and convincing evidence:
(i) The remaining spouse has a demonstrated history of violence or
domestic violence toward the abandoning spouse, the child's caretaker or
the child;
(ii) The child is the product of rape or incest of the mother by the
father of the child;
(iii) The abandoning spouse has a reasonable apprehension of harm from
the remaining spouse, or those acting on the remaining spouse's behalf,
toward the abandoning spouse or the child; or
(iv) The remaining spouse, or those acting on the remaining spouse's
behalf, has abused or neglected the child.
(F) In making any deviations from awarding child and medical support
retroactively to the date of separation or divorce of the parties, the
court shall make written findings of fact and conclusions of law to
support the basis for the deviation, and shall include in the order the
total amount of retroactive child and medical support that would have
been paid retroactively to the date of separation or divorce of the
parties, had a deviation not been made by the court.
(G) Nothing in this subdivision (e)(1) shall limit the right of the
state of Tennessee to recover from the father or the remaining spouse
expenditures made by the state for the benefit of the child, or the
right, or obligation, of the Title IV-D child support agency to pursue
retroactive support for the custodial parent or caretaker of the child,
where appropriate.
(H) Any amounts of retroactive support ordered that have been assigned
to the state of Tennessee, pursuant to § 71-3-124, shall be subject to
the child support distribution requirements of 42 U.S.C. §657. In such
cases, the court order shall contain any language necessary to allow the
state to recover the assigned support amounts.
(2) Beginning October 13, 1989, the child support guidelines
promulgated by the department, pursuant to the rulemaking provisions of
the Uniform Administrative Procedures Act, compiled in title 4,
chapter 5, shall be the guidelines that courts shall apply as a rebuttable
presumption in child support cases.
(3) Child support guidelines shall be reviewed by the department of
human services every three (3) years from the date of promulgation. The
department shall make recommendations to the supreme court of any
revisions needed in order to maintain compliance with the Family Support
Act of 1988, and to ensure that application of the guidelines results in
determinations of appropriate child support awards. A copy of such
recommendations shall also be sent to the children and family affairs
committee of the house of representatives and the general welfare, health
and human services committee of the senate.
(4)(A) In addition to any other subtractions, calculations of net
income under the guidelines shall take into consideration the support of
any other children the obligor is legally responsible to provide. The
court shall consider children of the obligor who are not included in a
decree of child support, but for whom the obligor is legally responsible
to provide support and is supporting, for the purposes of reducing the
obligor's net income, in calculating the guideline amount, or as a reason
for deviation from the guidelines.
(B) In calculating amounts of support for children under the
guidelines, the court shall allocate an obligor's financial child support
responsibility from the obligor's income among all children of the
obligor for whom the obligor is legally responsible to provide support
and is supporting, in a manner that gives equitable consideration as
defined by the department's child support guidelines, to the children for
whom support is being set in the case before the court and to any other
children for whom the obligor is legally responsible and is supporting.
The court shall require that payments, made out of that allocation for
all children of the obligor for whom the obligor is legally responsible
and is supporting, be made upon such consideration. Guidelines
promulgated by the department shall be consistent with the provisions of
this subdivision (e)(4)(B).
(f)(1) Any order for child support shall be a judgment entitled to be
enforced as any other judgment of a court of this state, and shall be
entitled to full faith and credit in this state and in any other state.
Such judgment shall not be subject to modification as to any time period
or any amounts due prior to the date that an action for modification is
filed and notice of the action has been mailed to the last known address
of the opposing parties. If the full amount of child support is not paid
by the date when the ordered support is due, the unpaid amount is in
arrears, shall become a judgment for the unpaid amounts, and shall accrue
interest from the date of the arrearage, at the rate of twelve percent
(12%) per year. All interest that accumulates on arrearages shall be
considered child support. Computation of interest shall not be the
responsibility of the clerk.
(2) In addition to the remedies provided in part 5 of this chapter, but
not as an alternative to those provisions, if a parent is more than
thirty (30) days in arrears, the clerk of the court may, upon written
application of the obligee parent, a guardian or custodian of the
children, or the department of human services or its contractors in Title
IV-D support cases, issue a summons or, in the discretion of the court,
an attachment for such parent, setting a bond of not less than two
hundred fifty dollars ($250) or, in the discretion of the court, up to
the amount of the arrears, for such other proceedings as may be held in
the matter. In addition, the court may, at any time, require an obligor
parent to give security by bond, with sufficient sureties approved by the
court, or, alternatively, in the absence of the judge from the court,
approved by the clerk of the court, for payment of past, present, and
future support due under the order of support. If the obligor parent
thereafter fails to appear or fails without good cause to comply with the
order of support, such bonds may be forfeited and the proceeds from the
bonds paid to the court clerk and applied to the order of support.
(3) Absent a court order to the contrary, if an arrearage for child
support or fees due as court costs exists at the time an order for child
support would otherwise terminate, the order of support, or any then
existing income withholding arrangement, and all amounts ordered for
payment of current support or arrears, including any arrears due for court
costs, shall continue in effect in an amount equal to the then existing
support order or income withholding arrangement, until the arrearage and
costs due are satisfied, and the court may enforce all orders for such
arrearages by contempt.
(4) The order of any court or administrative tribunal directing that an
obligor pay a sum certain to reduce any support arrearage shall not
preclude the use, by the department of human services or its contractors
in the Title IV-D child support program, of any other administrative
means of collecting the remaining balance of the outstanding arrearage,
including, but not limited to, income tax refund intercepts, financial
institution collections, enforcement of liens, or any other method
authorized by law. The use of any additional administrative means of
collection by the department or its contractors in the Title IV-D child
support program is expressly authorized to reduce any portion, or all, of
the outstanding balance of support as shown by the department's records,
and any order of the court or administrative tribunal to the contrary is
without any effect whatsoever, except for such appeal as may lie from the
implementation of the administrative procedure that is used to reduce the
arrearage.
(5)(A) In enforcing any provision of child support, if an obligee, or
the department or its contractor in Title IV-D cases, specifically prays
for revocation of a license because an obligor is alleged to be in
noncompliance with an order of support, or if the court determines on its
own motion, or on motion of a party, that any individual party has failed
to comply with a subpoena or a warrant in connection with the
establishment or enforcement of an order of support, the court may find,
specifically, in its order that the obligor is not in compliance with an
order of support as defined by part 7 of this chapter, or it may find
that an individual party has failed to comply with a subpoena or warrant
in connection with the establishment or enforcement of an order of
support, and may direct that any or all of the obligor's or individual
party's licenses be subject to revocation, denial or suspension by the
appropriate licensing authority, pursuant to part 7 of this chapter. The
court shall direct the clerk to send a copy of that order to the
department of human services to be sent by the department to each
licensing authority specified in the order for processing and
suspension, denial or revocation pursuant to § 36-5-706 and any other
applicable provisions of part 7 of this chapter. Costs related to such
order shall be taxed to the obligor or individual party.
(B) If the obligor whose license has been subject to the provisions of
subdivision (f)(5)(A) complies with the order of support, or if the
individual party complies with the subpoena or warrant, the court shall
enter an order making such a finding, and the clerk shall send an order
immediately to the department of human services to be transmitted to each
licensing authority specified in the order, which shall then immediately
issue, renew or reinstate the obligor's or individual party's license, in
accordance with the provisions of § 36-5-707. Costs related to such order
shall be taxed to the obligor or individual party, as the case may be,
and shall be paid by the obligor or the individual party prior to sending
the order to the department for transmission to the licensing authority.
(C) The department shall provide available information to the obligee,
party or the court in actions under this subdivision (f)(5), concerning
the name and address of the licensing authority or authorities of the
obligor or individual party, in order to enable the enforcement of the
provisions of this subdivision (f)(5). The obligee or individual party, as
the case may be, seeking such information shall pay a fee, as established
by the department for the provision of such service. These fees may be
taxed as costs to the obligor whose license has been revoked pursuant to
this subdivision (f)(5), or to the individual party who has failed to
comply with the warrant or subpoena.
(D) If the licensing authority fails to take appropriate action
pursuant to the orders of the court under this subdivision (f)(5), the
party may seek a further order from the court to direct the licensing
authority to take such action, and the party may seek any appropriate
court sanctions against the licensing authority.
(E) For purposes of this subdivision (f)(5), "individual party" means a
party to the support action who is a person, but does not include a
governmental agency, or the contractor or agent of such governmental
agency, that is enforcing an order of support. "Party" may include, where
the context requires, an individual person, or it may include a
governmental agency or contractor or agent of such governmental agency.
(g)(1) Upon application of either party, the court shall decree an
increase or decrease of support when there is found to be a significant
variance, as defined in the child support guidelines established by
subsection (e), between the guidelines and the amount of support
currently ordered, unless the variance has resulted from a previously
court-ordered deviation from the guidelines and the circumstances that
caused the deviation have not changed. Any support order subject to
enforcement under Title IV-D may be modified in accordance with §
36-5-103 (f).
(2) The necessity to provide for the child's health care needs shall
also be a basis for modification of the amount of the order, regardless
of whether a modification in the amount of child support is necessary.
(3) The court shall not refuse to consider a modification of a prior
order and decree as it relates to future payments of child support
because the party is in arrears under that order and decree, unless the
arrearage is a result of intentional action by the party.
(4)(A) Notwithstanding the provisions of subdivision (g)(4)(B) and §
36-5-103 (f), for the purposes of this chapter, the birth or adoption of
another child for whom an obligor is legally responsible to support and
is supporting shall constitute a substantial and material change of
circumstances for seeking a review of the existing order to determine if
the addition of such child, and any credits applicable for the addition
of such child under the department's child support guidelines, would
result in a significant variance under such guidelines. If the
significant variance is demonstrated by the review, the amount of an
existing child support order may be modified by the court.
(B) For purposes of this chapter, the significant variance established
by the department of human services pursuant to the child support
guidelines shall provide a lower threshold for modification of child
support orders for persons whose adjusted gross incomes are within low
income categories established by the department's child support
guidelines. The significant variance involving low income persons shall
be established by rule of the department at no more than seven and one
half percent (7½%) of the difference between the current child support
order and the amount of the proposed child support order.
(5)(A) In Title IV-D child support cases that the department of human
services is enforcing, the department shall provide a child support
obligor notice ninety (90) days prior to the eighteenth birthday of a
child or children for whom the obligor is paying child support, as such
birthday is indicated by the department's records.
(B) If the following conditions are met, then the obligor may seek
termination of the order of support and may also request that the
department, as required by federal law, assist in seeking termination of
the order:
(i) The department's records demonstrate that the child for whom an
order of support in a Title IV-D child support case has been entered has
reached eighteen (18) years of age and has graduated from high school, or
that the class of which the child is a member when the child reached
eighteen (18) years of age has graduated from high school, the obligor
has otherwise provided the department with written documentation of such
facts, or the obligor has provided the department with written
documentation that a child for whom the obligor is required to pay
support has died or has married;
(ii) No other special circumstances exist, including, but not limited
to, the circumstances provided for in subsection (k) regarding disabled
children, that require the obligation to continue;
(iii) The obligor does not owe arrearages to the obligee parent, any
guardian or custodian of the child, the department of human services, any
other agency of the state of Tennessee, or any other Title IV-D agency of
any state;
(iv) The costs of court have been paid; and
(v) There are no other children for whom the obligor is required to pay
child support.
(C)(i) If the conditions of subdivisions (g)(5)(B)(i)-(v) exist in the
Title IV-D case, as shown by the department's records, or such conditions
exist based upon the written documentation provided by the obligor and
verified by the department, then the department shall immediately
temporarily suspend the order of support for the child who has reached
majority. If the existing court order was the result of a deviation from
the child support guidelines, the department shall immediately seek from
the court termination of the support order for such child, and shall
provide the obligee with notice of the filing of the petition to terminate
such order.
(ii) If the existing order was not the result of a deviation from the
child support guidelines, the department shall give notice to the
obligee, and to the other obligor, of the temporary suspension of the
order, based upon verification of the status of the case pursuant to
subdivision (g)(5)(B), of its intent to permanently terminate the support
order by an administrative order, which the department may issue for such
purpose, and of the opportunity for a hearing upon the issue of permanent
termination of the order.
(iii) If the obligee contests the temporary suspension of the order of
support under the circumstances of subdivisions (g)(5)(B)(i)-(v) and
prevails following entry of the court or administrative order, the obligor
shall pay the support amounts and any other arrearages or court costs not
paid as a result of the temporary suspension of the order. The
administrative order shall be filed with the clerk of the court having
jurisdiction of the case.
(D)(i) If the conditions of subdivisions (g)(5)(B)(i)-(iv) are met in
the Title IV-D case, but there are other children for whom the obligor is
still obligated to support, the department shall immediately conduct a
review of the support order and shall seek the support order's
adjustment, if appropriate under the child support guidelines for such
children. The obligor shall continue to make child support payments, in
accordance with the existing order, until the court or department
modifies the order pursuant to this subdivision (g)(5)(D).
(ii) If the existing court order was the result of a deviation from the
child support guidelines, the department shall seek modification of the
support order from the court, and shall provide the obligee and the
obligor with notice of the filing of the petition to modify such order.
(iii) If the existing order was not the result of a deviation from the
child support guidelines, and the department reviews the order and
determines that the order should be modified pursuant to such
guidelines, then the department shall notify the parties of the
department's intent to modify the support order by an administrative
order, which the department may issue for such purpose, and shall notify
the parties of the opportunity for a hearing on the issue of modification
of the order.
(iv) The support order shall be modified as established by order of the
court or the department, as required pursuant to the child support
guidelines. If the modified payment amount is lower than the payment
amount required prior to the modification, then the obligor shall be
given credit for such amount against future payments of support for the
remaining children under the order. If the modified payment amount is
higher than the payment amount required prior to the modification, then
the obligor shall pay the higher ordered amount from the date of entry of
the order. The administrative order shall be filed with the clerk of the
court having jurisdiction of the case.
(E) The department's review and adjustment process, and the
administrative hearing process outlined in this subdivision (g)(5), shall
comply with any other due process requirements for notice to the obligor
and obligee as may otherwise be required by this chapter.
(h)(1) The court may direct the acquisition or maintenance of health
insurance covering each child of the marriage and may order either party
to pay all, or each party to pay a pro rata share of, the health care
costs not paid by insurance proceeds. In no event shall eligibility for
or receipt of medicaid or TennCare-Medicaid by the custodial parent be
considered to meet the need to provide for the child's health care needs
in the order, if reasonable and affordable health insurance is
available.
(2) In any case in which the court enters an order of support enforced
under Title IV-D of the Social Security Act, the court shall enter an
order providing for health care coverage to be provided for the child or
children.
(3) The provisions of § 36-5-501 (a)(3) shall apply with respect to
enrollment of a child in the noncustodial parent's employer-based health
care plan.
(i) The court may direct either or both parties to designate the
children as beneficiaries under any existing policies insuring the life
of either party, and maintenance of existing policies insuring the life
of either party, or the purchase and maintenance of life insurance and
designation of beneficiaries.
(j) Nothing in this section shall be construed to prevent the
affirmation, ratification and incorporation in a decree of an agreement
between the parties as to child support. In any such agreement, the
parties must affirmatively acknowledge that no action by the parties shall
be effective to reduce child support after the due date of each payment,
and that they understand that court. approval must be obtained before
child support may be reduced, unless such payments are automatically
reduced or terminated under the terms of the agreement.
(k)(1) Except as provided in subdivision (k)(2), the court may continue
child support beyond a child's minority for the benefit of a child who is
handicapped or disabled, as defined by the Americans with Disabilities
Act, until such child reaches twenty-one (21) years of age.
(2) Provided, that such age limitation shall not apply if such child is
severely disabled and living under the care and supervision of a parent,
and the court determines that it is in the child's best interest to
remain under such care and supervision and that the obligor is
financially able to continue to pay child support. In such cases, the
court may require the obligor to continue to pay child support for such
period as it deems in the best interest of the child.
(3) In so doing, the court may use the child support guidelines.
(l)(1) The court may, in its discretion, at any time pending the suit,
upon motion and after notice and hearing, make any order that may be
proper to compel a spouse to pay any sums necessary to enable the other
spouse to prosecute or defend the suit and to provide for the custody and
support of the minor children of the parties during the pendency of the
suit, and to make other orders as it deems appropriate. In making any
order under this subsection (1), the court shall consider the financial
needs of each spouse and the children, and the financial ability of each
spouse to meet those needs and to prosecute or defend the suit.
(2) In any Title IV-D case, if the court grants relief, whether in
whole or in part, to the department of human services or the department's
Title IV-D contractor, or to any applicant for Title IV-D child support
services, the court shall not tax any court costs against the
department, the Title IV-D contractor or any applicant for child support
services. The court shall not award attorney fees against the
department, the Title IV-D contractor or any applicant for child support
services, unless there is a clearly established violation of Rule 11 of
the Tennessee Rules of Civil Procedure or for other contemptuous or other
sanctionable conduct. The provisions of this subdivision (Z)(2) are not
intended to limit the discretion of the courts to tax costs to the
individual parties on non-Title IV-D issues, such as custody or
visitation.
(m) No provision, finding of fact or conclusion of law in a final
decree of divorce or annulment or other declaration of invalidity of a
marriage that provides that the husband is not the father of a child born
to the wife during the marriage or within three hundred (300) days of the
entry of the final decree, or that names another person as the father of
such child, shall be given preclusive effect, unless scientific tests to
determine parentage are first performed and the results of the test that
exclude the husband from parentage of the child or children, or that
establish paternity in another person, are admitted into evidence. The
results of such parentage testing shall only be admitted into evidence in
accordance with the procedures established in § 24-7-112.
