Factors that may lead to a child support modification in Tennessee

April 05, 2014

Factors that may lead to a child support modification in Tennessee

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

In Tennessee, the amount of child support is determined by using a formula that is contained in the state statutes. Certain factors, including the income of the parties as well as the needs of the child, will be analyzed to set the amount of support that will be required when the parents divorce or end their relationship.

For most parents, these child support awards can be very difficult to change. The court entered the award based on a very careful analysis of several factors, and the party petitioning for a modification of child support must show a significant variance in order to be eligible for a change in the amount that he or she must pay to the other parent.

The Tennessee child support guidelines list what sort of changes will be considered to be significant variances. Frequently, a change in the income for the paying parent will lead to a request to change the amount of support currently required of the noncustodial parent. In order for this change to qualify, it must equal a 15 percent departure from the previous income used to calculate the original support order.

A change in income for the custodial parent may also lead to a modification. This parent may get a new job or receive a raise, decreasing the amount of money that may be needed to raise the child. Since the income of both parties is used to determine the support orders, any major changes here could be enough to receive a modification for the non-custodial parent.

When a child turns 18, or is otherwise emancipated, it is possible that the support orders may come to an end. However, in some circumstances, the parties may have made agreements at the time of the divorce for continued support after these events occur. Courts may not be able to review those agreements, so it is extremely important that individuals understand the decisions that they are making at this time.

Many people have no idea what they should do when they experience an event that will have a major impact upon their ability to pay support. They may try to work things out on their own, but this can have serious consequences. Because modification of child support matters are so complex, it is extremely important that these individuals understand what they must prove in order to have the current support award changed.

If you have questions about your child support order, you should speak to a family law attorney experienced at handling these types of cases. Each request for a modification will need to be carefully reviewed by the courts, and your attorney will need to know how to present this change in circumstances on your behalf.