Modifying Child Support And Visitation
Summary
To modify child support and visitation orders in georgia and tennessee, evidence of a significant change in circumstances is required. Consider seeking legal counsel for guidance.Full Conversation
child support and visitation/parenting time
Are you seeking to establish, modify, or enforce a child support or visitation order?
modify
What state are you in? Laws regarding modification of child support and visitation orders vary by state.
georgia and tennessee
Which state's laws are governing your child support and visitation order?
the children live in tennessee, i live in georgia and we were divoced in georgia
What is the current arrangement and why do you want to modify it?
the parenting plan is not workable and there is really no arrangement . our parenting plan was modified to all mutually agreed upontimes and places and he has not agreed to anything in 5 years
What steps have you taken so far to address this issue with your ex-spouse or the court?
In Georgia and Tennessee, you can request a modification of the parenting plan if it's not working.
In Georgia and Tennessee, you can request a modification of the parenting plan if it's not working.
i registered th ga order in tn for modication and enforcement of the parenting provisions and contacted the local child support office to help with the support provisions since my kids get benefits from the state i also petitioned the court in tn to modify custody
What is the current status of your petition in the Tennessee court?
In Tennessee, the court considers the best interest of the child when modifying custody.
In Tennessee, the court considers the best interest of the child when modifying custody.
the case was dismissed as the judge stated that the issues before the court were not sufficient to warrant a change in custody. my ex spouse did nit file an answer or a parenting plan, one week before the hearing he filed a motion to find me in contempt of non-payment of the ga child support order
What evidence did you present to the court to support your claim for modification of custody?
General Information:
- In Tennessee, evidence of a significant change in circumstances is required for custody modification.
- Shelby County Juvenile Court, Memphis, TN: (*) *-*.
General Information:
- In Tennessee, evidence of a significant change in circumstances is required for custody modification.
- Shelby County Juvenile Court, Memphis, TN: (*) *-*.
school attendance records showing more than 39 days absent, testimony stating and supporting contact denial for more than 3 months, testimony and medical records showing that my daughter was inflicting self-harm, an eating disorder, and suffering from suicidal ideation and my ex-spouse refuses to share any medical information or offer and information regarding extra- curriculars and could not provide even the name of the dr. treating her for the mental health problems, i obtained the records from the insurance company
What actions have you taken regarding your ex-spouse's refusal to share medical information and the child's mental health issues?
contacted the insurance provider, made appointments with her pediatrician and requested to meet with the mental health professional listed on the insurance claims but cannot get a call back to date
Have you considered filing a complaint for violation of HIPAA rights due to your ex-spouse's refusal to share your child's medical information?
i can file a hipaa complaint against my ex? instead of a provider or entity?
HIPAA complaints are typically filed against healthcare providers or entities, not individuals. Could you clarify how your ex-spouse is preventing access to your child's medical information?
he is required to inform at least * hours in advance and offer results of any appointment or procedures, additionally the physicians providing the care and their contact information. i reached out to tncare and they gave me an insurance card and i contacted website and set up an account and began sifting through the claims and procedures. my ex denies that conditions listed by the insurance company or accurate.
What actions have you taken to address your ex-spouse's denial of the conditions listed by the insurance company?
none, i address it in court but the judge didn't seem bothered. i checked her claims thus far this year and it also listed some very suspect procedures that had to be fabricated and filed by fraud becasue they said she was being treated for endstage renal failure,
What evidence do you have to support your claim of fraudulent medical claims? In general, insurance fraud is a serious crime and can be reported to the insurance company or local law enforcement.
the documentation from insurance claims, but since all contact is being denied the average person might be led to believe they were true.
What steps have you taken to report the suspected insurance fraud?
i havent
What's stopping you from reporting the suspected insurance fraud? It's important to report such matters to your insurance company or local law enforcement.
i contacted tncare and spoke the a caseworker who tild me i was not the head of household listed and i called helen ross mcnabb and asked to speak to someone in admisnistration and claims processing at the facility and noone ever responds
Have you considered reporting this issue to the Tennessee Department of Commerce & Insurance's Fraud Division? They handle insurance fraud cases.
No, I am making notes of the suggestion. However, how am I to know what is true or false if all contact is denied and no notice of the treatment is offered to me.
Have you considered seeking legal counsel to help navigate these complex issues and ensure your rights and interests are protected?
yes, i wish i could afford a lawyer, legal aid has denied me and i spent more than *,* in georgia getting divorced, custody, and transferring jurisdiction
What is the reason for your denial from legal aid? In Georgia, there are pro bono programs that may be able to assist you.
they have denied me * differnt times, they claim their case load is to large
Have you tried reaching out to other pro bono legal services or law school clinics in your area? They often assist with family law matters.
yes we have one legal aid office
What was their response when you reached out to them?
we have to many cases
What other resources have you tried to seek legal help from?
catholic charities, legal loans, writing personal letters to attorneys
What was the response from the attorneys you wrote personal letters to?
i practice estate or transactional law, workers comp, wills and trust...but never family
Have you considered reaching out to the State Bar Association for a referral to a family law attorney who might take your case pro bono or at a reduced rate?
i have called the tn bar association and the american bar association and am referred to legal aidm refe
What was the response from Legal Aid when you were referred to them by the Bar Associations?
i have never told them that the bar referred me
Did you try telling Legal Aid that you were referred by the Bar Association? It might help in getting your case prioritized.
no
What is the current status of your child support and visitation order in Georgia?
the support issue is most concerneing becasue the tennessee child support office said they could not help me since i have a georgia child support order even thought the tn judge found me in contempt of child support but dismissed the modification
What was the reason given by the Tennessee judge for finding you in contempt of the Georgia child support order?
that was in arrears although i provided tax returns and financial worksheets and affidavit from child support services showing that amount was miscalculated and i asked to see the evidence me ex provided but there wasnt any given to me, i also was granted my petition to file as an indigent person so my financials were available, but i habe been ordered to pay my ex *,*$ cash and then my child support was more than doiubled in addition
What steps have you taken to appeal the judge's decision on your child support arrears?
i missed the deadline to appeal i would like to ask that the contempt matter be void as i believ the judge waswithout jurisdiction to modify child support since i still live in georgia
What steps have you taken to address the jurisdiction issue with the court?
i just learned that the uccjea only rules the custody jurisdiction i was not aware thar the family support act is what child support relies on
What steps have you taken since learning about the Family Support Act in relation to your child support case?
General Information:
- The Family Support Act allows states to enforce child support orders from other states.
- Georgia Child Support Services: *-*-*-*.
General Information:
- The Family Support Act allows states to enforce child support orders from other states.
- Georgia Child Support Services: *-*-*-*.
i have been reading today. is that correct, i mean was the judge without juridiction to find me in contemt of the support and then cange the monthly amount
What steps have you taken to consult with a legal professional about the judge's jurisdiction in your child support case?
General Information:
- Under the Uniform Interstate Family Support Act, a state can modify another state's child support order under specific circumstances.
General Information:
- Under the Uniform Interstate Family Support Act, a state can modify another state's child support order under specific circumstances.