Child support in Tennessee paternity actions

April 01, 2014

Child support in Tennessee paternity actions

Article provided by Autry L. Jones, Attorney at Law
Visit us at http://www.autryjones.com

Tennessee law recognizes that both parents have legal duties to financially support their child, so when two parents do not live together, the law allows a Tennessee court to order child support. Child support arrangements usually involve one parent -- the one with whom the child does not live (or lives less) --paying money monthly to the custodial parent to help with the child's living expenses.

While people think of child support orders as part of divorceor marital separation proceedings, child support is also appropriate and necessary between unmarried parents.

Child support when paternity is at issue

Paternity establishes the identity of a child's biological father. In Tennessee, a man can freely admit paternityof a child by executing a written voluntary acknowledgment of paternity or VAP. When there is a VAP in place, child support can be ordered based on that legal document.

When a man does not agree or will not admit that he is the biological parent of a child, the mother may bring a paternity action in Tennessee state court to establish parentage. Because paternity is contested, the judge can order that genetic testing be performed on the child, mother and possible father to determine biological fatherhood.

If fatherhood is established, the court may order child support payments between the unmarried parents, sometimes retroactively back to the child's birth. The parents can either negotiate a child support agreement, which the court still needs to approve, or the judge will determine the appropriate child support.

Actual payment of the child support money can be directly to the other parent, or through the court or a state agency, depending on the situation.

Tennessee child support guidelines

Tennessee has had mandatory child support guidelines since 1989 that take into account the family situation and predetermine a minimal appropriate child support amount, considering each parent's income, the custody and visitation arrangements, and the number of children. Child support orders in Tennessee can also cover payment of employment-related childcare, health insurance or health expenses for the children.

Not only do the guidelines apply in divorce or separation situations, but also in other similar circumstances, including paternity actions. Both parents fill out detailed official worksheets about their financial situations that become part of the court record and that the judge uses in determining child support.

The guidelines create a rebuttable presumptionthat the amount is appropriate for the family in question, and if the judge wants to deviate from the guideline amount, he or she must justify the departure in the written court order. Variance from the guidelines requires that their application would be "unjust or inappropriate," considering the "best interests of the child" and "equity between the parties."

In addition, if one of the parents is unemployed or underemployed for his or her skills and qualifications, or is living an excessive lifestyle, the court may weigh those factors in applying the guidelines.

Legal counsel important

Any Tennessee mother who seeks to establish paternity and seek child support from her child's father should speak with an experienced family lawyer to understand her and her child's rights and all that a paternity action entails. Similarly, a man facing a paternity action should consult with a knowledgeable paternity attorney who can spell out the man's options. Legal counsel in these matters can be crucial to the alleged father, because refusal to follow certain court orders concerning child support or failure to pay ordered child support can result in a suspended or revoked driver's license.