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Analysis: Tennessee has a statute that address whether
a parent can recover in a wrongful death cause of action when they have not
paid child support. Specifically, T.C.A. § 20-5-107 provides that a
parent cannot recover through a wrongful death action until all child support
obligations, along with interest, have been paid. T.C.A. §
20-5-107(b)
provides as follows:
(b) In no event
shall a parent be permitted to recover through an action commenced pursuant to
subsection (a) until all child support arrearages, together with interest on
the child support arrearages, at the legal rate of interest computed from the
date each payment was due, have been paid in full to the parent ordered to
receive the support or to the parent's estate if deceased.
Additionally, a parent who has
intentionally refused and neglected to pay child support for a two year period (or
for the life of the child if it is less) can be prevented from recovering under
the Tennessee wrongful death statute under certain circumstances. If this person was subject to a court order
requiring payment of child support and failed to do so and if they
intentionally refused or neglected to contact the child or exercise visitation
rights, then they are not permitted to recover for a wrongful death action in
Tennessee on behalf of their child.
Specifically, T.C.A. §
20-5-107(c)
provides as follows:
(c) Notwithstanding
any law to the contrary, a parent who has intentionally refused or neglected to
pay any support for a child for a two-year period, or for the life of the
child, whichever is less, when subject to a court order requiring the payment
of child support and who has intentionally refused or neglected to contact the
child or exercise visitation during such period, shall not be permitted to
recover through an action commenced pursuant to subsection (a) and § 20-5-106.
As a result, this statute needs to be
carefully reviewed if there is a wrongful death action where one of the
parent’s failed to comply with child support obligations. In certain circumstances this parent can be
prevented from recovering for any wrongful death award for their child. In all circumstances, however, the parent is
required to repay all arrearages with interest before recovering for the
wrongful death of their child under Tennessee law.
Follow me on Twitter at @jasonalee for updates from the Tennessee Defense Litigation
blog.
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