Tennessee Child Support Enforcement Attorney

When Child Support Isn’t Paid — Legal Options & Enforcement in Tennessee

Child support orders are legally binding directives from the court designed to ensure a child’s financial needs are met. When a parent fails to comply with that obligation, the law provides a range of enforcement tools to collect the support owed — including past-due amounts (arrears). Effectively navigating Tennessee’s enforcement system often requires experienced legal guidance.

Understanding Tennessee Child Support Enforcement

In Tennessee, child support enforcement is handled both administratively and through the courts. The Department of Human Services (DHS) administers support enforcement statewide and works to collect payments and take action against parents who fall behind.

When voluntary compliance fails, enforcement mechanisms can be activated either through administrative orders or by filing motions in court. A knowledgeable attorney can help you choose the most effective strategy based on your situation.

Common Enforcement Tools in Tennessee

1. Income Withholding (Wage Garnishment)

One of the most reliable enforcement methods is wage garnishment. Under an income withholding order, a parent’s employer is required to deduct child support from wages, bonuses, and other income sources and forward those payments to the state.

2. Tax Refund Intercepts & Lottery Offset

Tennessee can intercept both federal and state tax refunds and state lottery winnings to satisfy past-due child support. These intercepts are automatic once arrears reach certain thresholds.

3. License Suspension

Parents who fall significantly behind in support may face suspension of their driver’s license, professional or occupational licenses, and even recreational licenses (e.g., hunting/fishing) until arrears are resolved or a compliance plan is in place.

4. Interception of Passports

If a parent owes more than a specified amount in past-due support, federal law allows Tennessee to request that the U.S. Department of State deny or revoke a passport, preventing international travel until support obligations are met.

5. Liens & Bank Levies

Child support liens can be placed on a non-paying parent’s property — such as real estate or vehicles — preventing sale or refinancing until arrears are paid. In some cases, bank accounts can also be levied to satisfy overdue support.

6. Credit Reporting

Child support arrears can be reported to credit bureaus, negatively affecting a parent’s credit score and ability to secure loans or housing.

7. Contempt of Court

If administrative tools don’t work, custodial parents can ask the court to hold a non-paying parent in civil contempt. A contempt order can compel payments and may lead to fines, community service, or even incarceration until the arrears are paid.

Criminal Charges for Non-Support

Failing to pay child support can also lead to criminal prosecution. Under Tennessee law, “nonsupport” may be charged as a misdemeanor or, in more serious cases, as a felony — especially when a parent leaves the state to avoid payments or repeatedly fails to pay support. Penalties can include jail time, fines, and other criminal consequences beyond civil enforcement.

Modifying a Child Support Order

Sometimes non-payment stems from a genuine change in circumstances, such as job loss, income reduction, or disability. However, a parent can’t simply stop paying an existing support order because of changed circumstances. To avoid enforcement penalties, the parent must formally petition the court to modify the order. Until the court approves a change, the existing support obligation remains in effect and arrears may continue to accrue.

Statute of Limitations & Interest

Tennessee law places time limits on how long unpaid child support can be pursued, typically up to ten years after a child turns 18 or becomes emancipated. However, interest continues to accrue on past-due support, making prompt enforcement important.

Why You Should Work With an Attorney

Child support enforcement actions can be complicated, especially when multiple enforcement tools are involved or when jurisdictional issues arise.

A skilled Tennessee child support enforcement attorney can help you:

• Interpret court orders and enforce compliance
• Work with DHS and prosecuting authorities
• File petitions and motions when necessary
• Protect your rights if you are accused of willful non-payment
• Seek modifications when circumstances legitimately change

Whether you are the custodial parent seeking enforcement or the non-custodial parent facing enforcement action, professional legal representation can make a critical difference in the outcome of your case.

Get Legal Help With Enforcement in Tennessee

If someone is not paying court-ordered child support, don’t wait — enforcement mechanisms are available, but they often require timely legal action to be fully effective. Contact The Barnett Firm to discuss your case and get strong advocacy for enforcement, modification, or defense of child support obligations.