I think that YES judges are too lenient with dead beat parents. Too many men are classified as "sperm
donors" than they are "fathers". There is a great big difference between the two. Times are simply too
rough for two people to raise a kid, much less a single parent footing the bills all alone. Although I am
NOT a lawyer there are ways to go about doing things. First I suggest "educating the mind". In doing
so you do not need to go to college or any of that crap, just read books and other information and
absorb what you read. I know many people in Rhea County, TN get pissed off at me purely because I
have a brain and speak up against stupidity. I simply do not let people spoon feed me crap and claim
that it is chocolate and is good for me. The heck with that. Also, that is another reason I read and
contribute articles to www.RheaCountyNewspaper.com exposing these idiots who are polished up as
gems by the local Herald-News, which by the way is slowly fading away... I am honored to have played
(and con't. to play) a vital part in stomping out the Herald-News along with it's mindless reporting of
whatever they are told to print. Now, back to the child support issue you speak of...
A petition for civil contempt is one of the most effective ways to force a parent to pay child support if
they simply have stopped paying. A petition for contempt is a document that asks the court to hold the
parent in contempt for failing to pay child support. The court is given the power to hold the parent in
contempt under Tenn. Code Ann. 29-9-104.
You may start the process by having your Tennessee lawyer draft the petition and filing it with the
court. The delinquent parent (defendant) is then served with a copy and ordered to appear in court on
a certain date to answer. If the defendant cannot afford an attorney, they may ask the court to appoint
one for them. The defendant will be required to complete a form called the Uniform Affidavit of
Indigency. This document helps the court determine if the defendant really cannot afford an attorney.
Actually, you can use your computer and learn exactly how to do all of this yourself. You can even ask
any contributor at www.RheaCountyNewspaper.com for help and they will help you. Naturally, they use
the famous :we are not lawyers: disclaimer crap, but their advise can help you save yourself TIME and
most of all MONEY.
The next step is a hearing before the court.
At the hearing you must show several things in order to hold the defendant in contempt. You must
show that there was an order requiring the defendant to pay child support (if you are divorced this will
probably be in your final decree). You must show that the defendant failed to follow the order by not
paying child support. These first two are usually fairly easy to establish. The third item that must be
established is that the defendant was willful and deliberate in not paying child support. This basically
means that they could have paid child support but didn't. For example, if the defendant did not pay
because they were in prison, they may have a defense.
If the defendant is held in contempt, the court can fine and/or incarcerate them in the county jail.
Punishment for contempt can be up to 10 days for each count. If a defendant has missed 5 payments,
then they could go to jail for 50 days. In addition, the court may award the petitioner a judgment for the
unpaid child support.
See, it is really that simple in helping people help themselves. I am going to submit this information to
the "Wizard Question" section of www.RheaCountyNewspaper.com so as to maybe help someone else
in a similar situation. Good Luck!
