Child Support in Tennessee

The law regarding child support in Tennessee changes frequently and sometimes dramatically. At one time, the income of the parent receiving support was not considered in the calculation of child support. The parent paying the support simply paid a fixed percentage of that parent's income.

Now, the law requires that the income of both parents be compared and then assigns to each parent a percentage of financial responsibility in proportion to that parent's income or earning capacity. If a parent has no income or is voluntarily underemployed, income may be imputed to that parent.

The parent who has the children more than 50 percent of the time is the "Primary Residential Parent." The parent having less than 50 percent of the time with the children is known as the "Alternate Residential Parent." The term "custody" is no longer the preferred term, although many courts and attorneys still use it.

There is now a worksheet for calculating child support. It can be accessed online at www.State.tn.us/humanserv/is/incomeshares.htm. You can download the child support calculator as well as the regulations and instructions that help define the terms and provide guidance for special situations. Before you calculate child support, you will need the following information:

1. Names, dates of birth, and number of days each child will spend with each parent;
2. Each parent's gross monthly income (earned and passive);
3. Whether there are other children in the home belonging to either of the parties, and if so, the children's names and dates of birth;
4. Whether there are children in someone else's custody, but for whom one of the parties pays support. In that event, the amount of support actually paid must be known, not just the amount in the order. Proof will be required to show actual payments;
5. The amount each of the parties pays for health insurance solely for the children;
6. Whether there are any recurring uninsured medical expenses for any of the children;
7. Work-related childcare expenses and whether those expenses are payroll deducted; and
8. The amount of child support previously set in the case (if applicable), and whether it was based upon the old "fixed percentage" guidelines, or the new income share guidelines.

The child support calculator also provides a space to input any amounts requested by either parent that would be a deviation (up or down) from the guideline amount and the reason a deviation is requested. The court will only grant deviations in cases of verifiable need, such as private school expenses (where appropriate), special medical expenses, special education needs, some extracurricular activities, and the like. In addition, either party can ask the court to increase or decrease the child support if a true hardship on the paying parent can be established.

Using the information described above, the child support amount can be automatically calculated. Child Support Services of Tennessee at 865 862 0366 assists parents with determining the amount of child support due, and collecting that child support. That service is free of charge.

If there is a 15 percent or more change in income of either parent which would also result in a 15 percent or more change in the child support due (or other events such as a child reaching an age where child support is no longer required), either parent may petition the court to modify the child support order.

If the paying parent fails or refuses to pay the amount of child support ordered, a Petition for Contempt can be filed to force compliance. You can get help from Child Support Services or you can hire a lawyer. The court can punish those who do not pay their child support by taking their licenses (driving, fishing etc.), intercepting their tax refunds, and even putting them in jail until they pay.

If you receive Aid to Families with Dependent Children (AFDC) you will need to check with your social services worker to determine how much child support you can receive without affecting your AFDC payments.

The lawyers at Sobieski, Messer, & Associates, PLLC handle child support cases in Knoxville, TN and the surrounding areas.  Call 1-865-223-5586 to speak with a lawyer today.