How to Get Child Support Reduced in Tennessee

In Tennessee, a parent may petition a court for modification of an existing court order that requires a non-custodial parent to pay child support to a custodial parent. The non-custodial parent would seek modification of a child support order any time they experience a “substantial” and “material” change in circumstances.

This is a requirement of the law regarding the modification of child support in Tennessee. This standard would apply if the result a person seeks is to pay a lower child support amount.

Of course, the child support order might be the product of a Tennessee divorce or legal separation. A court may issue a child support order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support.

It does not matter whether a child support order was issued as a result of calculating child support in a divorce or a paternity suit. The law regarding the modification of child support orders is the same for all child support orders.

A person who wants to lower the amount of child support they pay must go to court and prove that one of the following changes in their circumstances justifies the modification:

• There has been a change in the financial situation of one of the parents: The change should be one that is likely to continue for the foreseeable future. The change might be the loss of a job, an increase in salary, the physical disability of a parent, or a significant increase in some cost of living expense.
• There has been a change in the child’s needs: For example, the child may have developed a disability or an illness that increases expenses associated with their care. Or, child support might be decreased if the child moves in with the parent who has been paying child support.

If a parent qualifies as a low income provider after losing their employment, the change in the amount of support must be no less than a reduction of at least 7.5 percent between the current amount they pay and the new amount they would pay. If there would be a 7.5 percent decrease, a court is more likely to allow the change.

If a person needs to modify the amount of their child support, they want to consult a local attorney in Tennessee to analyze their case. The attorney could help them figure out whether they could qualify for a change or not. The standards are technical, and an attorney would be able to help a person determine whether or not a modification is possible in their case.

What Factors Can Lower Child Support?

The most common reason for which people request a change in child support is because their income has changed. The change may be an increase or a decrease and may involve the income of either the custodial or the non-custodial parent.

When looking at a child support case in which a person seeks a decrease in the amount of support they pay, courts in Tennessee consider various factors as follows:

• Whether a person’s loss of income was voluntary or involuntary
• Whether the parent who pays child support has used their court-ordered visitation and spent time with the child
• Whether the custodial parent has experienced a substantial increase in income
• What the current needs of the child are.

If a person’s loss of income was voluntary, they may be less likely to win a decrease in the amount of child support they pay. There are numerous other factors that Tennessee courts consider as well when a person asks them for modification of the amount of child support they pay. Again, a person would want to review these factors with their attorney before seeking modification.

What Is a “Substantial and Material” Change?

As noted above, a 15% or greater reduction in a person’s income (7.5 percent in some specific situations) would probably be considered a substantial change that would justify a reduction in the amount of support a person must pay.

Generally, the kind of change that would justify a reduction in child support must be significant as opposed to minor. The change would probably also have to be one that is long-lasting as opposed to temporary. For example, if a paying parent were to suffer a disability that could be expected to last at least several months, it might be long-lasting enough.

A permanent change would be something such as a person suffering a severe, life-changing injury or illness that would have an impact on the type of work they are able to perform.

What Is the Legal Process of Child Support Modification?

A person may seek help by asking the Tennessee Department of Human Services, Child Support Division to review their child support order in light of a change in their circumstances.

Another option a person has is to hire a Tennessee family law attorney to represent them in filing a petition in court to modify child support.

To obtain the help of the Child Support Division with a petition, if the person who asks for the review is able to show that there has been a large change in their financial circumstances, such as a significant change in their income, then the Division would review the order and the amount of child support that is required.

The parent seeking the review must provide the Division with the financial and other information that would justify the request for a change. The Division must then determine that there is a “substantial” and “material” change in the circumstances of the person who has requested the review.

Or the Division would have to find other good legal grounds to justify changing the order. When the Division finishes its review, it notifies the parties. A court order must be sought to finalize the change.

The parents may always agree on the need for a change in the amount of child support that the non-custodial parent pays. They still want to go to court and make their agreement the content of a court order.

Voluntary agreements by the parents are fine but are not enforceable by a court. If either parent decides not to respect the agreement, there is nothing the other parent can do. The parents must make a formal request to a Tennessee court for an order modifying the amount of child support.

When Do I Need to Contact a Lawyer?

If your circumstances have changed significantly and you believe that you are entitled to reduce the amount of child support that you currently pay, you want to consult an experienced Tennessee child support lawyer.

LegalMatch.com can put you in touch with a lawyer who can analyze the facts of your case and tell you whether you have a chance of modifying the child support you pay. Your lawyer can guide you through the process to success if the change in your life justifies a decrease in your payments.