Child Custody and Support

Helping divorcing parents with parenting plans and parenting time

When parents decide to live apart, Tennessee and Kentucky law requires that the physical, emotional and financial well-being of the children must be provided for. Depending on the circumstances of the case, each parent is typically entitled to significant periods of parenting time with the children and input into major decisions affecting their children's healthcare, education and overall welfare.

When parents are divorcing, the judge requires a parenting plan be filed with the court. This plan is often a result of extensive negotiations between the parties and their attorneys. If no agreement can be reached on a parenting plan, the judge will impose one. However, it is usually better for the parenting plan to be devised by the parties through negotiation with legal counsel, than to have one imposed by a judge who does not know the parties or their children.

Clarksville child custody and support lawyers at The Kennedy Law Firm, PLLC know Tennessee and Kentucky law. We can help you obtain the resources you need for the welfare of your children.

Child support

Child support is generally ordered by the court in situations in which a child lives with one but not both parents. All states, including Tennessee and Kentucky, have guidelines by which courts determine child support. Child support guidelines are not an exact method of calculating child support in every situation and parties can seek exceptions to the guideline amount due to special circumstances. Tennessee and Kentucky base child support on formulas that take into account a variety of factors, including:

• Parents' combined incomes
• Overnights spent with the child
• Costs for health insurance
• Extraordinary expenses
• Age of the child

Frequently asked questions

My income has increased since the court ordered child support. Can I be penalized for not paying more because of my increased income?

In most situations, child support increases are only retroactive to the date of the filing of a motion to modify child support. However, many courts and child support collection agencies require noncustodial parents to report their income on a regular basis to ensure smooth modification proceedings. If your orders do that, and you failed to report your income, you might have some problems. If your orders do not require such, normally there is no obligation to pay anything more than what was ordered.

My ex is behind on alimony and child support. What recourse do I have?

You can go to the court clerk's office in the court that ordered child support and request the clerk issue a garnishment against the supporting parent's wages. To do this, you need to know your ex's place of employment, address and Social Security number. If your ex is at least one month behind, the court sends a garnishment to the employer and the support will be taken out of his or her paycheck. You could also go after your ex's property, but this is a longer process and might not be as satisfying since cars and homes are often leased and mortgaged. Another option is to file a petition for contempt and get an order to show cause why the payments are not being made. This puts your ex back in court. A skilled family law attorney can review the options with you and guide you to the best solution for your needs.

I am the custodial parent. Can I deny visitation?

The purpose of visitation rights is for children of a divorced couple to understand they have two parents who are entitled to love their children and be loved in return. If the children come back from a weekend with their noncustodial parent and are upset or tell you they do not want to go anymore, that is not reason to deny visitation unless their health and welfare are endangered by the visitation. If you are having a disagreement with your ex or harbor ill feelings, that is not reason to deny visitation. However, the noncustodial parent is entitled to reasonable visitation. That means if he or she wants to see your child in the middle of the night or is drunk or stoned, you do not have to permit visitation.

We're committed to helping people

As a client, you’ll receive our full commitment. With offices in Clarksville, Tennessee’s fifth largest and youngest city, The Kennedy Law Firm serves clients throughout Tennessee and Kentucky, including the counties of Montgomery, Davidson, Stewart, Cheatham, Houston, Dickson, Humphreys and Henry in Tennessee, as well as Todd and Christian counties in Kentucky. Call us today at 1.931.266.4107 or contact us online. We look forward to speaking to you about your situation.