Child support orders help provide for the financial needs of children when their parents live apart. In Tennessee, the amount of support is generally calculated under the state’s Child Support Guidelines, which consider both parents’ incomes and other circumstances that affect the support calculation.
Disagreements can arise when child support is first established or later when a parent’s income, parenting arrangement, or other relevant circumstances change.
At Inman, Stadler & Hill, we help parents understand how Tennessee’s Child Support Guidelines apply to their circumstances. If you have questions about establishing, modifying, or enforcing a child support order, here are several ways an attorney may be able to help.
We Can Help Ensure the Initial Child Support Arrangement is Fair
Establishing child support involves more than deciding what either parent believes is a fair monthly amount. Tennessee courts generally calculate support under the state’s Child Support Guidelines and Child Support Worksheet.
The calculation is based on factors that can include both parents’ adjusted gross incomes, the number of children being supported, parenting time, health insurance expenses, work-related childcare costs, and other information required by the Guidelines. Our attorneys can review the financial information involved, explain how the Guidelines apply, and advocate for an appropriate child support order based on the facts of the case.
We Can Revise the Amount of Money Owed
A child support order that was appropriate when it was entered may no longer reflect the circumstances of the parents or children years later. Changes in income, responsibility for additional children, certain changes affecting a child, and other circumstances can affect the child support calculation.
However, a change in circumstances does not automatically change an existing order. Tennessee generally requires a significant variance between the existing obligation and the amount calculated under the current circumstances before an adjustment is appropriate. Our attorneys can review the existing order and current financial information, calculate the potential support amount, and determine whether the requirements for requesting a modification may be satisfied.
We Can Ask for Back Child Support Payments
When court-ordered child support is not paid as required, unpaid amounts can accumulate as child support arrears. Falling behind does not erase the obligation, and Tennessee provides several methods for enforcing past-due support.
Our attorneys can review payment records, determine the amount claimed to be outstanding, and pursue available enforcement remedies when appropriate. We can also advise parents who owe past-due support about their existing obligations and the legal options available for addressing an arrearage.
We Can Ensure Income Isn’t Hidden or Minimized
A reduction in a parent’s earnings does not automatically mean that income will be attributed to that parent at a higher level. Tennessee considers voluntary unemployment and underemployment on a case-by-case basis and examines the circumstances surrounding the parent’s employment and earning decisions.
When this issue arises, an attorney can gather employment, income, education, work-history, and other relevant evidence and address whether income should be attributed to a parent under the Child Support Guidelines. The same type of analysis can also be important when representing a parent whose income decreased for legitimate reasons.
We Can Pursue Child Support Payments Even When Under/Unemployment is a Factor
Child support orders are legally enforceable, and unpaid amounts generally become arrears. Tennessee provides several enforcement mechanisms for collecting past-due child support, including administrative remedies and, in appropriate cases, court proceedings.
Depending on the circumstances, an attorney may seek court enforcement or contempt remedies for failure to comply with a child support order. Courts have several options when enforcing support orders, and the appropriate remedy depends on the facts of the particular case.
We Can File a Petition for Contempt for Nonpayment
Child support arrangements are court-ordered. When people don’t comply with them and refuse to pay in full or at all, they may be in contempt of court.
We help custodial parents get the payments they’re owed by using the legal system to their advantage by filing a petition for contempt. People who remain in contempt of court due to nonpayment of child support, especially after a petition for contempt has been filed, can face criminal charges and even jail time.
Contact Us with Your Tennessee Child Support Questions and Concerns
Tennessee child support orders are generally determined under statewide guidelines designed to establish an appropriate level of financial support for children while accounting for the circumstances addressed by the Child Support Guidelines.
Whether you are establishing child support, seeking a modification, trying to collect unpaid support, or responding to an enforcement action, our attorneys can review your circumstances and explain the legal options available to you. Contact us today for a consultation and to learn how we can help with your child support arrangement.
