In Tennessee, each missed child support payment becomes a judgment, and back support can be collected through contempt, income withholding, liens, and state enforcement tools, with no time limit on collection. Wise Law, the Nashville office of Wise & Associates, represents parents collecting back support in Davidson County.
This guide explains how arrears work in Tennessee and the options for collecting them. For representation, see our child support enforcement lawyer in Nashville page.
What Are Child Support Arrears?
Arrears are support that came due under a court order and was not paid. In Tennessee, each unpaid installment becomes a judgment as of the date it was due (Tenn. Code Ann. § 36-5-101(f)(1)). That matters for two reasons: the debt does not go away on its own, and it generally cannot be reduced after the fact. A court can modify support going forward, but not support that has already come due.
Is There a Time Limit to Collect Back Support in Tennessee?
No. Tennessee child support judgments are enforceable without a time limit. A parent can collect arrears even after the child is grown, though older arrears can be harder to prove and collect, so it is better to act early.
Does Back Child Support Earn Interest?
It can. Tennessee law allows interest on child support arrears, and the rate and whether it applies depend on when the arrears accrued and the type of case, and the court can adjust it (Tenn. Code Ann. § 36-5-101(f)). Your lawyer will calculate what applies to your arrears.
Your Options for Collecting Back Support
1. A petition for contempt
A parent can file a petition for contempt in the court that entered the support order. In civil contempt, the court can order jail until the paying parent pays a set amount, called the purge, unless the parent proves an inability to pay. Criminal contempt punishes past willful violations. Either way, the court can enter a judgment for the full arrears and set a payment plan.
2. Income withholding
Tennessee child support orders generally include income withholding, which sends support directly from the paying parent's paycheck. When there are arrears, the withholding order can add an amount toward the back support. If the paying parent changes jobs, a new withholding order goes to the new employer.
3. Liens and asset seizure
Arrears judgments can be enforced against property, including bank accounts and real estate, through liens and execution.
4. State enforcement tools
The Tennessee child support program can use administrative tools, including suspending driver's and professional licenses, intercepting state and federal tax refunds, reporting to credit bureaus, and, above a federal threshold, denying a passport.
5. Criminal nonsupport
Willful failure to support a child can also be prosecuted as a crime in Tennessee. That case is handled by prosecutors, not by the parent.
Using the State Program vs. Hiring a Lawyer
The state child support program enforces support at little or no cost, but it represents the State of Tennessee, not either parent personally, and caseloads can be heavy. A private lawyer represents you directly, can file contempt quickly in the court that entered the order, and can raise related issues in the same case, such as a parenting plan problem. Some parents use both. A private case should be coordinated with any open state case so the two do not conflict.
Which Davidson County Court Hears It?
Support in a divorce is enforced in the Circuit or Chancery Court that entered the divorce decree. Support between parents who were never married is generally enforced in the Juvenile Court of Davidson County.
What to Gather Before You File
- The current support order and any modification orders
- A record of every payment received, with dates and amounts
- Payment history from the state child support system, if payments go through it
- The paying parent's current employer and address, if known
- Any messages about missed payments
What If the Paying Parent Asks to Lower Support?
A paying parent can ask the court to modify support going forward if there is a significant variance, generally at least 15 percent, under the current guidelines (Tenn. Comp. R. & Regs. 1240-02-04). A modification does not erase arrears. Contempt and modification are often heard together, so be ready to address both.
How Arrears Are Calculated
The arrears are the total of every payment due under the order, minus every payment actually made, plus any interest the court allows. Payment records from the state system are the starting point when payments run through it. Direct payments between parents, such as cash or apps, should be documented, because a paying parent will often claim credit for them at the hearing. Courts generally do not give credit for gifts, clothing, or extra time with the child as a substitute for court-ordered support.
What Happens at a Contempt Hearing
- The parent owed support proves the order and the missed payments.
- The paying parent can try to show an inability to pay, such as a documented job loss or disability.
- The court finds the arrears amount, enters a judgment, and can order a lump-sum payment, a payment plan, income withholding, or jail until a purge amount is paid in civil contempt.
Contempt works best when it is filed promptly and supported by a clean payment history.
How Wise Law Handles Back Support
Wise Law, the Nashville office of Wise & Associates, calculates the arrears from the order and payment records, files the contempt petition and withholding request, and presents the case at the hearing. Wise Law handles child support enforcement in Davidson, Williamson, Rutherford, Wilson, and Sumner counties.
Collecting Back Child Support in Nashville: Key Facts
Frequently Asked Questions
Can back child support be forgiven in Tennessee?
Support that has already come due becomes a judgment and generally cannot be reduced after the fact by the court.
Is there a statute of limitations on back child support in Tennessee?
No. Tennessee child support judgments are enforceable without a time limit.
Can a parent go to jail for not paying child support in Tennessee?
Yes. In civil contempt, a court can order jail until a purge amount is paid, unless the parent proves an inability to pay. Willful nonsupport can also be prosecuted.
Should I use the state program or a lawyer?
The state program represents the State of Tennessee, not you. A private lawyer represents you directly and can move quickly in the court that entered the order.
How much does a child support enforcement lawyer in Nashville cost at Wise Law?
At Wise Law, the Nashville office of Wise & Associates, child support cases start with an upfront flat fee between $1,500 and $5,000.
Related Reading
- Child support lawyer in Nashville
- How Tennessee child support is calculated and modified
- Child support myths in Kentucky and Tennessee
- Pricing and staged flat fees
Talk to a Child Support Lawyer in Nashville
Consultations are free and by phone. Book a time, then call the office at your scheduled time.
Wise Law, Nashville: 4235 Hillsboro Pike, Suite 300, Nashville, TN 37215 · (615) 208-9190 · Book a free phone consultation
Wise Law is the Nashville office of Wise & Associates, Louisville, Kentucky.
For help collecting back support, see our child support enforcement lawyer in Nashville. Wise Law, the Nashville office of Wise & Associates, quotes the upfront flat fee in a free phone consultation. See pricing or book a free phone consultation.
Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.