June 2018 | No. W2017-01290-COA-RD-JV (Tenn. Ct. App. 2018)

State ex rel. Townsend v. Williamson (Tennessee 2018)

A parent may receive credit against any owed arrears for necessary expenditures, but the suit must be brought within six years of the expense and meet the definition. A parent has an obligation to support a child even in the absence of a valid court order. The father appealed a court order that did not give him credit for: support paid under an invalid order and necessary expenses. The appellate court upheld the order and found that even if a child support order is invalid, the obligation to support a child is still in place. The court further found that the list of items the father presented didn’t meet the definition of a necessary expense, which is that the child needed to goods or services, the custodial parent had an obligation to provide the goods and services, the custodial parent failed to provide the goods or services, and the actual cost.

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