Courtroom Refuses to Hear Dad’s Declare That He Overpaid Assist

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

Guillermo Ramos v. Mellanie Caldwell

Youngster Assist Assortment & Enforcement in Tennessee

The mother and father on this Montgomery County, Tennessee, case had two kids once they divorced in Kentucky in 2011.  The daddy was ordered to pay baby help.  He subsequently moved to North Carolina, and the mom moved to Tennessee.  In 2017, she had the kid help 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 Youngster 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, attributable to 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 means of 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 have 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 learn about paying twice was absurd.  The trial court docket additionally famous that the daddy didn’t show his case, in that he by no means provided his incomes statements displaying the kid help deductions.

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

The daddy then appealed to the Tennessee Courtroom of Appeals.  The appeals court docket 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 fee.

The daddy had not appealed this various floor for the ruling.  Due to this fact, the appeals court docket held that there was no cause to handle the res judicata situation, as a result of there was an alternate foundation for the decrease court docket’s ruling.  For these causes, the court docket affirmed the decrease court docket’s ruling.

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

See unique opinion for actual language.  Authorized citations omitted.

To be taught extra, see Youngster 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 help worksheets from actual instances accessible on