If any of these three grounds are asserted as a basis for modification of child support, then there still must be compliance with the significant variance requirement described above.
The rule states that:. It cannot be changed. Ongoing child support cannot be modified retroactively. The only exception might be negotiating with the other parent and qualifying for reduction of an arrearage for back support. The hardship exception allows courts to prevent a modification of child support that would drastically reduce the amount of support only because the new Income Shares Method was applied. Discuss this with your lawyer.
See the Guidelines for more details and to determine whether the hardship exception might apply to your situation. In general, courts are reluctant to apply the hardship exception unless, one, there is strict compliance with the Rules and, two, the trial judge really thinks the reduction in support will cause a very real hardship.
The reason why this provision is so specific and strictly applied is that every reduction in child support could arguably create a hardship. These ten steps are just the beginning.
Even though the Rules described herein are very specific and, arguably, overly stringent in some circumstances, there are legal arguments that can be made regarding a potential modification of child support. Arguments that are not covered here. For determining gross income, there are many court decisions that deal with very specific situations.
If a person owns a minority interest in a partnership, for instance, and is taxed on the earnings of the company and not on the amount distributed in earnings, then gross income may be the amount of distributions rather than taxable income.
In other words, there are many, many situations requiring specific research and analysis — even for experienced Tennessee family lawyers. Child support modification is a very challenging aspect of Tennessee family law. Seeking a modification is not to be taken lightly. The Guidelines say no. You still must have a significant variance to modify child support.
Once the account is set-up you may complete the on-line application. To protect your privacy, when entering your SSN on the application, only the last four digits of your SSN can be seen. When you click save or next button, the system will save your complete SSN into our database. Submit your completed application on-line or print and sign the application and fax, mail or take it in-person to your local child support office for processing.
If you have any additional questions regarding the application process, your local child support office will be happy to assist you. Again, this is an annual fee that is taken once a year. The court can consider adding other costs like tuition and extracurricular fees. In addition, parents can agree to include any cost in the obligation. Extracurricular fees must equal more than seven percent of the basic child support obligation to be considered.
A judge can order more or less child support than the state's formula suggests when circumstances make it necessary. In fact, Tennessee guidelines lay out specifically how a judge should handle parents with especially high or low income.
When a parent's income falls in the shading on the Child Support Schedule page 57 of the guidelines , the court does a second child support calculation using only that parent's income. If the result is less than when the formula includes combined parental income, this lower result becomes the guideline payment.
Retroactive child support is the amount a parent owes for child-related expenses incurred before there was a support order. If parents were married, it covers expenses dating back to their separation. Otherwise, it covers expenses back to the child's birth. The court uses the guideline formula to calculate the total owed. Each parent's income is based on their average adjusted gross income from the past two years. The parent paying support may receive credit for past child-related expenses if they provide sufficient proof.
The amount owed gets broken into monthly payments, usually to last less than five years. The monthly retroactive payment is added to the monthly child support obligation throughout that period. Frequently asked questions regarding the Child Support Program can be found here.
Contact the court clerk in your judicial district, local bar association or legal aid office to discuss how these matters can be addressed by the court. Skip to Main Content.
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