September 26, 2023

Tennessee baby assist case abstract on credit score for prior overpayment.

Guillermo Ramos v. Mellanie Caldwell

Baby Assist Assortment & Enforcement in Tennessee

The mother and father on this Montgomery County, Tennessee, case had two youngsters after they divorced in Kentucky in 2011.  The daddy was ordered to pay baby assist.  He subsequently moved to North Carolina, and the mom moved to Tennessee.  In 2017, she had the kid assist order enrolled in Tennessee.  The order required him to pay a complete of $625.62, which included his present quantity in addition to arrearages.  The order known as for him to pay it to the Tennessee Central Baby Assist Receipting Unit, and the quantity was subsequently elevated to over $2500, based mostly upon his earnings.

In 2019, the daddy made a petition to cut back the quantity, because of his not being employed by the U.S. Military.  He additionally alleged that he had made funds on to the mom of over $17,000, based mostly upon her illustration that she hadn’t been receiving funds from his paycheck by the state.  However she had certainly been receiving these funds, leading to an overpayment.

The mom argued that the declare for the overpayments was barred by res judicata, since these funds had been made previous to an earlier listening to.  She argued that the alleged overpayments ought to have been addressed then, including that his declare to not find out about paying twice was absurd.  The trial courtroom additionally famous that the daddy didn’t show his case, in that he by no means supplied his incomes statements displaying the kid assist deductions.

The trial courtroom agreed, holding that the daddy ought to have raised this declare earlier than the prior listening to.  The trial courtroom did, nevertheless, cut back the continued obligation as a result of father’s now decrease earnings.

The daddy then appealed to the Tennessee Courtroom of Appeals.  The appeals courtroom identified that there have been two bases for denying the declare.  Along with the res judicata argument, there was the matter of the daddy not having submitted his incomes statements into proof displaying that cost.

The daddy had not appealed this various floor for the ruling.  Subsequently, the appeals courtroom held that there was no purpose to deal with the res judicata problem, as a result of there was an alternate foundation for the decrease courtroom’s ruling.  For these causes, the courtroom affirmed the decrease courtroom’s ruling.

No. M2022-00222-COA-R3-CV (Tenn. Ct. App. Feb. 6, 2023).

See authentic opinion for precise language.  Authorized citations omitted.

To be taught extra, see Baby Assist Assortment & Enforcement in Tennessee.

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes precise examples of parenting plans and baby assist worksheets from actual instances obtainable on