What is child support?
The law will not permit a child to go unsupported. For this reason, once custody of a child is determined, (the law now calls the custodial parent, the primary residential parent in divorce situations) the noncustodial, or alternate residential parent, is required to pay support for the maintenance of the minor child to the custodial parent.
The law in Tennessee has changed in recent years to track a growing national trend of "income shares" in calculating the child support obligation. The present law in Tennessee takes into account a number of factors in calculating child support, including the amount of time each parent spends with the child, who pays daycare or aftercare costs and healthcare costs, the income levels of both parents, and if either parents are supporting other children.
Who owes child support?
Child support is usually paid by the alternate residential parent, or the noncustodial parent. That person is determined by the parenting plan or court order. In Juvenile Court, it is usually a presumption it is the father. Even if you were not married to the other parent of the minor child, the law will still require that child support be paid for the maintenance of that child.
How is child support calculated?
Courts now rely upon a worksheet created by the Tennessee Department of Human Services. A link to that worksheet is located above or can be located at www.tn.gov under the child support services section. Child support is calculated in that worksheet using the factors stated above and the figure is generated by the worksheet based upon those factors and the parties' gross incomes. Child support can even be calculated back to the date of the child's birth and include the birthing expenses and lost wages due to the birth. So it is very important to begin paying it by check or money order. CASH is NEVER recommended as you will never be able to prove the payments in court.
Can court ordered child support be modified?
The answer to that question is yes! Child support orders can be modified upon a showing of a significant variance in the amount of the child support obligation. Some situations that can give rise to a significant variance include either parent being legally obligated to support an additional child, increased childcare, healthcare or income that results in a 15% change in the amount of the support currently being paid.
In some rare cases, child support can even be stopped and children can be disestablished. However, it is rare and many factors must be met before it can be done.
