Hello I Am In The Military On Active Duty Stationed At Fort Campbell. I Am Married And Have Four Children With My Wife. I Have A Daughter Who Lives With Her Mom In New York. For This One Child The Ny Family Court Says That I Owe Arrears And I Pay $866.00 Per Month. My Pay Has Changed Since I Came Back On Active Duty And I Am Trying To Have The Order Modified To What My Income Is Now. I Am Having A Hard Time Getting By Because Of This. I Went To The Da's Office Here And It Will Take Six Weeks To Open My Case. Can Anyone Tell Me What They Know About The Tennessee Court System When It Comes To Child Support Modifications And Orders From Out Of State. I Am A Resident Of Tennessee Now.

what state are the child support orders in now? that is the state that has jurisdiction over whether they can change the amount

what state are the child support orders in now? that is the state that has jurisdiction over whether they can change the amount

They are in the New York, but from what I am being told by the DA's office here in Tennessee, everything changes to Tennessee because I am now a resident of Tennessee. This is where I filed for modification. I will eventually petition for visitation also. She let's my 16 year old daughter decide whether or not she wants to come and spend time with me. Most of the time she doesn't because she doesn't want to be away from her boyfriend. her mother pretty much let's her do what ever she wants. I even offered to have her stay with me and my wife of 16 years whom I have for children with. She doesn't wan to be here with me because of the discipline in my home. My children are doing very well inschool and are all around good kids.

Called legal aid and I was told that they do not handle child support cases. Where does one go for representation without having to pay an arm and a leg? I'm already doing that!!!

You will still need to follow NY guidelines for CS. Mommyof4 is about to tell you that. I am psychic.

For all incomes lower than $80,000, CS for one child in New York is 17% of your income (more than $80,000 is decided by the court). You are responsible to pay this amount until your daughter is 21. Unfortunately, the courts do not consider the costs of your other children when figuring this out.

Here is a good resource:

https://newyorkchildsupport.com/non_custodial_parent_info.html

As far as visitation, until you apply for it, Mom can let the daughter come to see you whenever she feels like it.

You will need to file for the child support modification in TN, but you will need to file for visitation in NY, since that is where your child resides!

Called legal aid and I was told that they do not handle child support cases. Where does one go for representation without having to pay an arm and a leg? I'm already doing that!!!

You can just Google "Dad's Rights New York" and you will gets lots of info on various lawyers. There are plenty of lawyers who will work with you on a lower retainer and/or payment plans, you just have to make a lot of phone calls and take a lot of notes.

Actually, now that you are in TN, the order can be transferred (and should be) to your state of residence. (A simple rule of thumb is that CS goes with the NCP, custody goes with the CP.) HOWEVER, the order will not be modified according to TN guidelines. The order will always and only be modified by the issuing state's guidelines. The order may be modified if you have had a significant change in income or if it has been the legally prescribed number of years (usually 3) since the last modification. The fact that you have other children may be a factor in the modification, provided that your wife's income is less than yours. However, that determination of whether or not to modify using this factor is at the judge's discretion.

If you do not have a custody/visitation order, your ex is under no legal obligation to force your daughter to visit. If you wish to obtain an order (as you state) THAT will have to be filed in the residential county of the child (as MomofBoys told you). The fact that you have waited 16 years to force the issue may be saying more than any words you have said over the past however many years (even if you thought you were showing you were trying to keep the peace for your daughter....teens are weird:D and don't necessarily see things the way adults do.)

www.supportguidelines.com (http://www.supportguidelines.com)

Thanks for all the information. It is really appreciated!!!

Actually, now that you are in TN, the order can be transferred (and should be) to your state of residence. (A simple rule of thumb is that CS goes with the NCP, custody goes with the CP.) HOWEVER, the order will not be modified according to TN guidelines. The order will always and only be modified by the issuing state's guidelines.

Doh!:eek:

I hate when I get that part confused (I was only half right... story of my life:rolleyes: ). I will go change it so someone else doesn't get the wrong info.

Thanks!

(Sorry about the BCS game!)

Also, krazyhandz, to get a lawyer, Google "Father's Rights Tennesee," and you'll get the same type of info!

Well, you were correct that the order will still follow NY guidelines. The law is set up that way and adopted by the states so that it eliminates the issue of a parent "shopping" for a state with "better" guidelines for him or her. But, it is much easier to have the order transferred to the state the parent ordered to pay support is living for collection and enforcement purposes. (theoretically, anyway.)

I spoke with my Brigade Legal officer and she informed me that I should hire a lawyer to represent me in NY or she if the child's mother would write a letter of consent to have jurisdiction moved here to Tennessee since this is where I now reside. Guess it won't hurt to try.