STATE OF TENNESSEE EX REL. SUZANNA R. PHILLIPS (BOBBITT) v. ANTHONY PHILLIPS - Articles

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Posted by: Tanja Trezise on Apr 30, 2013

Court: TN Court of Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter, and, Warren Jasper, Senior Counsel, for the appellant, the State of Tennessee ex. rel. Suzanna R. Phillips.

Attorneys 2:

Anthony Phillips, pro se appellee.

Judge(s): SWINEY

This appeal concerns an overcollection of child support by the State in a Title IV-D matter. Anthony Phillips (“Father”) and Suzanna R. Phillips (“Mother”) divorced, and Father was ordered to pay child support. Later, Father’s child support obligation was suspended on account of his disability status. The State of Tennessee (“the State”) garnished Father’s Social Security checks to satisfy an arrearage. The Chancery Court for Monroe County (“the Trial Court”) found that Father had paid his arrears and, in fact, had overpaid. The Trial Court ordered the State to reimburse Father the overpayment and to pursue Mother for the overpayment sum. The State appeals, arguing that the Trial Court lacked authority because of the State’s sovereign immunity to render such an order. We affirm as modified.

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