When it comes to whether or not child support may be dropped in Tennessee, the answer will depend on the specific circumstances of each case. Generally speaking, a child support obligation cannot be dropped in Tennessee, as child support is presumed to be in a child’s best interest.
In Tennessee, child support is defined as a court-determined, periodic payment that is commonly ordered when a child’s biological parents are separating or as a result of a divorce. The purpose of child support is to help provide for the costs and expenses associated with raising a child.
Although child support laws differ in each state, all child support laws will make a determination regarding the amount of the child support based on the amount of time the child lives with each parent, the child’s best interests standard, and each parent’s income and financial obligations.
As far as the state of Tennessee, those factors will also be used when determining whether child support should be ordered and when calculating child support. Importantly, in Tennessee, the parent with primary physical custody of a child or children cannot refuse to accept the child support payments that the court has ordered the other parent to pay to them. Once again, this is because child support is meant to provide for the needs of the child.
Similarly, parents in Tennessee cannot avoid paying child support or drop child support payments in Tennessee by terminating their parental rights or avoiding parenting time. Additionally, parents cannot agree to dropping their child support obligation without the agreement of all parties and the court.
Specifically, the Tennessee Code states that the termination of parental rights does not automatically stop child support payments. Instead, when a court terminates parental or guardianship rights, the court will notify the petitioning parent that the duty of future child support by the parent whose rights are terminated will be forever terminated by entry of a court order.
It is important to note that child support may not be ordered in every case. For instance, when parents agree to split custody of their child or children, child support may not be ordered, as both parents share equal financial responsibility over the child.
Finally, there are situations where a parent can drop child support based on certain criteria being met or events occurring. Specifically, in Tennessee, child support obligations naturally end when a child reaches the age of 18. However, if the child is still in high school and under 19, child support will continue until they graduate or turn 19 years of age.
When Is Child Support Ordered?
Once again, child support in Tennessee is commonly ordered during the Tennessee divorce process or when a child’s parents separate. In general, the parent who does not have primary physical custody of the child, i.e., the parent who lives with the child less than half of the time, is the parent who is most commonly ordered to make child support payments.
Mandatory child support is one means by which a Tennessee family law court can ensure that the non-custodial parent contributes to the needs of their biological or adopted children. The word mandatory means that child support is required by state law.
Further, in Tennessee, child support is ordered based on the Income Shares model, which considers both parents’ combined adjusted gross income and the number of children for whom the child support order is established. The Tennessee Human Services Department provides multiple options for automatically calculating child support, including a web-style calculator, an Excel worksheet, as well as an iOS application.
How Is a Child Support Award Enforced?
If child support payments are not made in Tennessee in a timely manner, either the party receiving support or the state may enforce the child support order. Specifically, the Department of Human Services (“DHS”) is the state agency that administers the Child Support Program. DHS Offices are located across the state in all 32 Judicial Districts.
The DHS provides services through local district attorneys, DHS staff, and private agencies under contract with the state. The Child Support Program is one such program that assists with locating parents, establishing paternity, enforcing child support orders, collecting retroactive child support, collecting and distributing payments, modifying support orders, and even handling spousal support.
A show cause hearing may also be requested to hold the person obligated to pay child support accountable for failing to pay child support or provide health care coverage as specified in the support order. Further, failing to pay child support can also result in contempt of court charges.
How Can I Avoid a Child Support Increase?
In general, child support in Tennessee cannot be retroactively modified once a court order is in place. However, there are limited circumstances that may allow an increase in child support. Specifically, the party seeking to modify a child support order must demonstrate there has been a significant variance since the last order was entered.
Specifically, the Tennessee Code states that in order to modify child support, there must be a significant variance between the existing support order and the requested amount. A change of 15% or more qualifies as significant. Further, if a parent’s income, including their salaries and bonuses, significantly increases or decreases, that can justify modifying child support either higher or lower.
As can be seen, there are numerous reasons in which a child support order may be increased. However, one party will have to request to modify the support order and prove their case in court. So long as the party cannot prove a significant variance, child support may not be increased or decreased.
How Can I Stop Paying Child Support?
Once again, parents in Tennessee cannot agree to waive child support, even by agreement. All family law courts must follow the Tennessee Child Support Guidelines. This means that although parents may agree to a downward deviation from child support guidelines, a judge would need a valid reason to sign off on any deviation from the guidelines.
In order to stop paying child support in Tennessee, a parent must demonstrate that there has been a significant and material change in circumstances since the previous child support order was entered into. For example, if the parent who was obligated to make support payments now has primary custody of the child, then they can petition the court to terminate child support.
Additionally, they can also petition the court to order the other parent to pay them support based on the Tennessee Child Support Guidelines. There are also many other reasons to close a child support case that a local attorney in Tennessee can assist with.
Do Child Support Payments End Automatically?
As mentioned above, in the state of Tennessee, there are certain triggering events that will result in child support payments ending automatically. For example, child support orders in Tennessee will generally cease when the child reaches the age of 18 or 19 if they are still in high school.
Additional events that may result in child support ending earlier include:
- Emancipation: If the child becomes emancipated before turning 18, such as by becoming married, joining the military, or becoming self-supporting
- Court Order: A court can issue an order to stop child support upon the filing of a motion to terminate support based on specific circumstances, such as a termination of parental rights, etc.
- Death: If the child or the parent obligated to pay child support passes away, child support obligations will also cease
How to Get Child Support Arrears Dismissed?
In Tennessee, child support arrears cannot outright be dismissed. In order to get portions of child support arrears dismissed in Tennessee, a motion to dismiss child support arrears must be filed by the party that has arrears. It is important to note that this motion should request a payment plan for your arrears and ask for some or all of your arrears to be discharged.
Do I Need a Lawyer for Help with Terminating Child Support?
If you are having any issues related to obtaining, modifying, enforcing, or terminating child support, then it is in your best interests to consult an experienced Tennessee child support lawyer. LegalMatch can assist you with setting up an initial consultation with an experienced Tennessee child support attorney in your area.
An experienced child support attorney can help you determine whether or not you are eligible to reduce or stop child support based on the specifics of your situation. Additionally, an attorney can also help you determine if you are eligible to have child support arrears reduced or if you are eligible for a child support order modification. Finally, an attorney can also represent you in court, as needed.
