Court suspends child-support calculation for incarcerated father; visitation suspension to remain until release

During a Humphreys County Court hearing, the judge agreed to suspend the child-support calculation set by a prior parenting plan for Tristan Thornberry while Thornberry remains incarcerated and has no income. The court also upheld a prior suspension of Thornberry's visitation, saying that suspension would remain in place until he is released.

Thornberry had filed a Rule 60 motion seeking to amend a decree that listed his income at $5,083.33 per month; he told the court he has had no income since April 2024 because he is incarcerated. The judge reviewed the file and the criminal charges noted in the record and said there was no basis to set aside the visitation suspension while the defendant is jailed.

The judge ordered that the operation of the child-support calculation be suspended until a further hearing scheduled for Oct. 1 at 9:00 a.m., at which parties may revisit child support and visitation. The court said the suspension means the prior calculation would not be operating while Thornberry remains without income; questions about arrears will be addressed at the October hearing.

The judge explained that grandparents seeking visitation would have to file a separate motion under the grandparents-visitation statute; he said he could not substitute the grandparents for Thornberry as a matter of visitation while Thornberry remains incarcerated.

The judge also cautioned that testimony in the custody/support hearing could implicate pending criminal matters; Thornberry was advised to coordinate with his criminal counsel. He is expected back in court on criminal matters in October, and the judge directed counsel to prepare for the October hearing on parenting-time and support issues.