Child support termination

[Es2016]

I'm in Indiana and my daughter and I have always lived in Indiana and the child support order is here in Indiana. My ex lives in Tennessee. Our daughter just turned 18 and is in her senior year of high school. Indiana child support ends at 19 and Tennessee at 18. I just received paperwork from the state of Tennessee regarding stopping child support since she turned 18. I am wondering which state would actually have the authority to stop child support? I always thought we were to go by Indiana since the order is in Indiana and they have jurisdiction. Can someone please let me know which state would be the correct state for this situation?

 

[not2cleverRed]

Indiana has jurisdiction, as that is where your daughter is a resident, and that is where the previous orders are.

It sounds like you have received notice of Dad petitioning to modify/terminate cs. You have to find a way to respond to this, and the grounds for your response should be to dismiss based on the petition being in the incorrect jurisdiction.

Additionally, although the age of majority is 18 in TN, child support in TN continues until regular high school graduation if a child has been making progress towards that goal.

How is the order in Indiana and they have jurisdiction with an order issued in Tennessee.?

Per OP's initial statement, the order is from Indiana. Dad is trying to modify through Tennessee.

 

[Zigner]

How do we know that the OP isn't dad?

 

[justalayman]

Ya, bad reading on my part

No idea why Tennessee would even contact the op. They don’t have jurisdiction and can’t assume it without op’s permission

 

[Es2016]

Indiana has jurisdiction, as that is where your daughter is a resident, and that is where the previous orders are.

It sounds like you have received notice of Dad petitioning to modify/terminate cs. You have to find a way to respond to this, and the grounds for your response should be to dismiss based on the petition being in the incorrect jurisdiction.

Additionally, although the age of majority is 18 in TN, child support in TN continues until regular high school graduation if a child has been making progress towards that goal.



Per OP's initial statement, the order is from Indiana. Dad is trying to modify through Tennessee.

Yes the child support order is in Indiana and has been since 2003.

 

[Es2016]

How do we know that the OP isn't dad?

Sorry, I am mom.

 

[HRZ]

ALert.. your state law appears to allow filing for CS to continue for college IF the order predates mid 2012
..beyond me, but at least check it out .

 

[TheGeekess]

If the CS is being handled through Indiana CSEA and Dad was living in Tennessee when the order was put in place, then the State would have reached out to TN to handle CS. It's all a part of that little thing called the UIFSA.
https://www.americanbar.org/groups/gpsolo/publications/gpsolo_ereport/2017/august_2017/practical_guide_uifsa.html

 

[justalayman]

If the CS is being handled through Indiana CSEA and Dad was living in Tennessee when the order was put in place, then the State would have reached out to TN to handle CS. It's all a part of that little thing called the UIFSA.
https://www.americanbar.org/groups/gpsolo/publications/gpsolo_ereport/2017/august_2017/practical_guide_uifsa.html

But they especially should be aware it is an Indiana order so why would anybody contact the op about termination ?



But even if


Tennessee child support does not end at 18 if the child is still in school


b) Parents shall continue to be responsible for the support of each child for whom they are responsible after the child reaches eighteen (18) years of age if the child is in high school. The duty of support shall continue until the child graduates from high school or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs first.

 

[not2cleverRed]

If the CS is being handled through Indiana CSEA and Dad was living in Tennessee when the order was put in place, then the State would have reached out to TN to handle CS. It's all a part of that little thing called the UIFSA.
https://www.americanbar.org/groups/gpsolo/publications/gpsolo_ereport/2017/august_2017/practical_guide_uifsa.html

For child support, the jurisdiction to modify may change; as mentioned above, the issuing court has CEJ until the obligor, the beneficiary, or the obligee (as a person, because other entities could be obligees) are all residing in another state. A new jurisdiction must be found when all obligees, beneficiaries, and obligors no longer reside in the state.

Mom and child still live in the state where the order was issued.

 

[Es2016]

If the CS is being handled through Indiana CSEA and Dad was living in Tennessee when the order was put in place, then the State would have reached out to TN to handle CS. It's all a part of that little thing called the UIFSA.
https://www.americanbar.org/groups/gpsolo/publications/gpsolo_ereport/2017/august_2017/practical_guide_uifsa.html

Dad lived here in Indiana when the child support was ordered. He didn't pay for like 3 years and then they (family support division) found him in Florida and his now ex wife paid it for him. Then they divorced and no payments for a couple of years and then they found him in Tennessee and garnished his wages. He has since stopped paying again and then I received papers in the mail.

 

[LdiJ]

Dad lived here in Indiana when the child support was ordered. He didn't pay for like 3 years and then they (family support division) found him in Florida and his now ex wife paid it for him. Then they divorced and no payments for a couple of years and then they found him in Tennessee and garnished his wages. He has since stopped paying again and then I received papers in the mail.

You probably should respond to those papers. You should respond by stating that TN does not have jurisdiction to modify an Indiana child support order. I suspect that your ex is hoping that you will default on the TN case and that therefore TN will stop chasing him for child support.

 

[HRZ]

IN some states, one much petition to extend the order to cover college costs BEFORE the existing order ends at 19 or whatever ....check the details for your state and proceed as appropriate , promptly .

I agree as a layman that you respond promptly to TN that the matter is still very active and order remains under Indiana jurisdiction, copy of order attached . ..to make sure that they continue collection efforts

 

[Es2016]

You probably should respond to those papers. You should respond by stating that TN does not have jurisdiction to modify an Indiana child support order. I suspect that your ex is hoping that you will default on the TN case and that therefore TN will stop chasing him for child support.

I think you are correct about that. Dad has not been involved with our daughter at all since 2003. Never bothered to even try for visitation rights. He had even blocked her on social media when she tried reaching out to him but he unblocked her last year and told her that he's not her father (he is) and that he was going to see an attorney in Tennessee and take me to court and get a DNA test (he was offered one when we went for support years ago but he refused it and said he knew she was his) and that I would have to pay for it and he was going to have support stopped and that I would have to pay him back all the child support he has paid. I plan on going to family support division tomorrow morning.

 

[Es2016]

IN some states, one much petition to extend the order to cover college costs BEFORE the existing order ends at 19 or whatever ....check the details for your state and proceed as appropriate , promptly .

I agree as a layman that you respond promptly to TN that the matter is still very active and order remains under Indiana jurisdiction, copy of order attached . ..to make sure that they continue collection efforts

I plan on going to family support division division tomorrow morning plus contacting the office in Tennessee. I'm not really going to worry about college expenses at this time, I just want him to pay what he owes while she is finishing high school and use the money towards her expenses for this year.