When parents separate, child support is often one of the most important issues to resolve. These payments are designed to ensure that children’s basic needs—such as housing, food, education, and healthcare—are consistently met.
Unfortunately, it is far too common for parents in Tennessee to find themselves in a financial (and psychologically) stressful situation when an ex stops paying court-ordered child support. If this has happened to you, you should know that you are not alone.
The good news is that Tennessee law provides several options to enforce these obligations and protect your child’s well-being. The Franklin child support lawyers at Durak Law helps parents understand their rights and take effective steps when child support is not being paid.
Let’s dive into elements you need to know about child support in Tennessee, why payments may stop, and the legal remedies available to enforce your court order.
Understanding Court-Ordered Child Support
Child support in Tennessee is calculated based on state guidelines that consider each parent’s income, the number of children, healthcare costs, childcare expenses, and how much time each parent spends with the child.
The Tennessee Department of Human Services provides a detailed overview of how these payments are determined in its Child Support Handbook.
It’s important to remember that child support is a legally binding obligation—not a suggestion or a voluntary contribution. Once a judge issues a support order, the paying parent is required by law to make payments as directed.
Typically, child support covers expenses such as:
- Housing and utilities
- Food and clothing
- Education costs
- Medical and dental care
- Extracurricular activities and transportation
In short, these payments are meant to maintain stability and security for children after separation or divorce.
Common Reasons for Non-Payment
Parents may stop paying support for a variety of reasons. Some may be beyond their control, while others are deliberate choices.
The most common include:
- Financial hardship – A job loss, reduced hours, or unexpected medical expenses may make it difficult for the paying parent to keep up with payments.
- Willful refusal to pay – Sometimes, a parent simply chooses not to pay, despite having the financial means to do so.
- Disagreements about custody – A parent may wrongly believe that if they are spending more time with the child, they no longer have to pay support.
- Misunderstanding of obligations – In some cases, parents may not fully understand that support remains enforceable until officially modified by the court.
Regardless of the reason, a parent cannot simply stop paying without court approval. Failing to pay child support can result in serious legal consequences.
Immediate Steps You Can Take
If your ex has stopped paying support, it’s important to act quickly and carefully.
Here are the first steps to take:
- Step #1: Keep detailed records – Document every missed or partial payment. Bank statements, receipts, or the state’s official payment records are helpful evidence.
- Step #2: Communicate if safe – If you feel comfortable and safe, ask your ex why payments have stopped. Sometimes the issue is temporary and can be resolved through communication.
- Step #3: Avoid informal agreements – While it may be tempting to accept a “handshake” deal for reduced payments, doing so without court approval can make enforcement harder later.
Taking these steps ensures you are prepared if legal enforcement becomes necessary.
Legal Options For Enforcing Child Support in Franklin, Tennessee
Tennessee law gives parents several tools to enforce child support obligations. Depending on the situation, one or more of these options may apply:
- Income Withholding Orders (Wage Garnishment) – Courts can issue an income withholding order requiring an employer to deduct support directly from the paying parent’s paycheck. This is often the most reliable method of ensuring regular payments.
- Contempt of Court – When a parent willfully ignores a child support order, they may be held in contempt of court. This can lead to fines, additional penalties, or even jail time until payments are brought current.
- License Suspension – Tennessee law allows for the suspension of driver’s licenses, professional licenses, and even hunting or fishing licenses until the parent resumes payment.
- Tax Refund Interception – Federal or state tax refunds may be intercepted and applied toward overdue child support. More information is available on the Tennessee Child Support Enforcement Services website.
- Liens on Property – If a parent owes a significant amount, the court can place a lien on their real estate, vehicles, or other valuable property to secure payment.
Each of these remedies is designed to put pressure on non-paying parents and ensure children receive the financial support they are entitled to.
Can Child Support Orders Be Modified?
Sometimes, a parent genuinely cannot meet their support obligation because of a major change in circumstances, such as:
- Job loss or significant income reduction
- Serious illness or disability
- Increased medical expenses
In these cases, the paying parent must request a formal modification of the support order through the court. Until the court approves the modification, the original order remains enforceable. That means past-due support will continue to accumulate, even if the parent is struggling financially.
If you are the receiving parent, it’s important to know that your ex cannot simply stop paying because their financial situation has changed. They must go through the proper legal channels to request a modification.
The Role of a Franklin Child Support Lawyer
Navigating child support enforcement can feel overwhelming, but you do not have to go through it alone.
A family lawyer can provide valuable guidance and advocacy by:
- Ensuring filings and enforcement requests are handled correctly and without delay
- Gathering documentation to strengthen your case
- Representing you in hearings and negotiations
- Protecting your rights and your child’s best interests throughout the process
At Durak Law, we have helped many Franklin parents enforce child support orders and secure the financial stability their children deserve.
Secure Your Child’s Future—Take Action on Unpaid Child Support Today
If your ex isn’t paying court-ordered child support, it’s understandable to feel frustrated and stressed. However, you’re not powerless.
Tennessee law provides strong enforcement tools to ensure that children receive the support they need. By keeping records, avoiding informal agreements, and working with an experienced family lawyer, you can take effective steps to protect your child’s financial security.
At Durak Law, we are committed to helping families in Franklin and across Tennessee navigate child support enforcement with compassion and determination. Contact Durak Law today at (629) 210-0866 to schedule a consultation and learn how we can help you move forward.