Tennessee’s Child Support Laws
Parents have a legal obligation to support their children. Usually, the parent who has the children more then fifty percent (50%) of the time receives child support from the parent that has the children less then fifty percent (50%) of the time. There are some limited exceptions to this such as split parenting arrangements, when the parenting time is approximately equal and the parties are in agreement.
Attorney Thomas M. Parker has over 39 years of experience handling child support issues after and during divorce. Set up a consultation through our online contact form.
The Child Support Process And Retroactive Child Support
When child support is initially set, the court determines the amount of current ongoing monthly child support that the non-custodial parent will pay. How the current support is calculated is explained below.
In addition, in some cases the court can go back to either the date of the birth of the child or the date of the separation of the parties, whichever is later, in determining retroactive child support. There is now a five-year limit on retroactive child support in most cases. Retroactive child support is support that the court determines should have been paid by the non-custodial parent to the custodial parent before the court set current support. This amount is set to judgment as a child support arrearage (back child support) in the court order and is required to be paid in addition to the current ongoing child support.
Shockingly, in Tennessee the court can go back and set eighteen (18) years worth of retroactive support. Not surprisingly, this process can result in five or even six figure judgments for back child support, and devastate the non-custodial parent’s finances.
If you are facing an initial determination of child support it is crucial to be fully informed of the law and know your options in order to obtain the best possible outcome. Don’t get stung with a large retroactive child support judgment because you didn’t speak with a lawyer.
Understanding How Child Support Is Determined
The child support law in Tennessee was significantly modified in June of 2006. The most significant change to Tennessee child support law is found in the analysis of income upon which the child support amount is based. Previously, only the non-custodial parent’s income was considered. For example, support for a single child was a straight twenty one percent (21%) of allowable net income. Now Tennessee uses an income shares model where there is an elaborate calculation that takes many factors into account, including:
- Both parents’ household incomes
- Amount of time / overnight visits that child spends in each household (amount of time the child is in custody of each parent)
- Health insurance premiums for the child
- Medical and dental expenses
- Day care expenses
- Other children the parents are supporting.
What If Child Support Is Already Ordered But The Obligor Parent Refuses To Pay?
Refusing to pay child support is serious offense. The offending party can be charged with contempt of court. There are two types of contempt, civil and criminal, both of which can lead to incarceration of the offender. There are different standards of proof for each which can effect which one your pursue. Whether you are a parent who is not receiving their child support, or you have a child support obligation that you have not been able to pay, we represent clients in child support contempt actions. See contempt issues in our articles section of the website for more information about contempt. Please contact us to discuss your case.
Our lawyers offer comprehensive help to clients involved in divorce and those requiring help regarding modifications.
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Every case is different. There are many variables. It may be in your best interest and the interest of your child to ask for a review of your child support case, and you’ll need to contact an attorney for help.