A new child support law became in effect in TN in October 2004, where child support is to be determined by shared income. I filed for divorce in May 2004 but continued to live in the house until March 2005 at which time my wife set child support on me for which I did not have a problem, but the new child support was not used which made my obligation more.

The divorce was stopped in May 2005 and I move back into the house in August 2005 but continued to have the child support taken out of my check to reduce any friction that my come about while we were trying to work things back out. On January 1, 2006, after another night of her all night excursions, she asked me to move out. She then recently sent me a certified letter asking me to be out of the house by February 17, 2006.

Question:
1. Legally, do I have to move out as she requested?
2. Should child support have been set using the shared income effective 10/2004?

How is the house titled? Do you own the property? Are you renting, if so who's name is on the lease? These are only a few of the legal questions you must decide. Are you still married?

We own the house and is in both of our names. We are still married.

It is a sticky area, since you both own the home, you do not have to move out. This may cause some friction, but you have the same right to the home as she does. All of this will depend on what you want to do. Best of luck to you and whatever you decide.

Thank you for your quick and fair response.