In Tennessee, the Department of Human Services administers the Child Support Program. Their offices are located across the state in all 32 Judicial Districts. The services are provided through local district attorneys, DHS staff, and private agencies under contract with the state.
If you have difficulty obtaining child support for your child(ren) or wish to establish paternity for your child(ren), the Department of Human Services can assist you. The Child Support Program provides services that promote parental responsibility to meet the financial needs of children and their families.
The following services are available through the Child Support Program:
- Location of a child’s parent(s) to obtain support or establish paternity;
- Establishment of paternity;
- Establishment and enforcement of child support orders;
- Establishment and enforcement of medical support;
- Collection and distribution of payments;
- Modification of child support orders; and
- Enforcement of spousal support orders if child support is involved.
What Do Child Support Lawyers Do?
Child Support Lawyers can be located all across the state. Numerous resources on the Child Support Program website can assist any parent looking to resolve child support issues. The Child Support Services Program of the Tennessee Department of Human Services(DHS) offers many services to parents or legal guardians trying to obtain financial and medical support for their child or children.
The agency’s child support staff can help you locate a missing parent, establish paternity, obtain or modify court orders, and enforce those orders. DHS also collects and distributes child support payments, as mentioned earlier. The agency’s goal is to ensure that all children have the financial support of both parents.
Some of the actions our agency can take to enforce child support orders are:
- Automatically withhold wages and other income;
- Seize assets identified by the Financial Institution Data Match (FIDM) program or by other means;
- Intercept federal tax refunds and deny passport applications using the IRS Treasury Offset Program;
- Revoke driver’s licenses, professional licenses, and various other licenses;
- Report a child support debt to the credit reporting agencies;
- Place liens against real or personal property; and
- File a contempt petition with the court.
Furthermore, if the non-custodial parent resides out of state, child support can be collected across state lines under the Uniform Interstate Family Support Act (UIFSA). One state can request another state for assistance with the activities necessary to establish, enforce and collect child support using standardized forms.
Additionally, a way DHS helps parents and children is through its online Child Support Payment System. Any parent can log in and review monthly statements and payments through this page. Custodial parents can also review remittance advice and monthly statements, but both non-custodial and custodial parents can see processed payments.
There are also examples of pages with videos available to guide parents through the process. Keep in mind that non-custodial and custodial parents will need the case number, member ID, and their own Social Security number to process any information.
What is the Duration of Child Support in Tennessee?
The duration of child support will vary in each case. But, when the child for whom an order of support has been entered has reached eighteen (18) years of age and has graduated from high school, or that the class of which the child was a member when the child reached eighteen (18) years of age has graduated from high school, termination of the order can be provided. But this can depend on other exceptional circumstances, such as the child being disabled.
How is Child Support Enforced?
According to the CustodyXChange website, child support is automatically part of divorce and separation cases. Unmarried parents have to file a child support application, which also initiates a case to establish the child’s paternity if the parents have yet to do so. There must be a significant change in circumstances, such as loss of employment, to alter a support order.
Furthermore, if a parent misses support payments, a parent can contact the local child support office. It will add a fraction of the owed money (called arrears) to the monthly support amount. Arrears may accrue interest, and payments continue until the parent has no outstanding child support payments, even if the support order terminates.
If a parent continues to neglect payments, they risk seizure of their income, suspension of their licenses, and, in severe cases, incarceration, as mentioned above. It is important to note that parents cannot withhold visitation due to missed payments or withhold support because of denied visits.
What are the Factors That Guide the Child Support Formula in Tennessee?
According to the CustodyXChange website, the Tennessee court considers the factors below to determine child support. To receive an estimate of your obligation, you can utilize a calculator from the Department of Human Services.
Below are factors that are used in determining the Child support formula in Tennessee:
- The number of eligible children: A parent can receive support on behalf of any minor children they have with the other parent in the case. Usually, support payments end when the child graduates from high school or when their high school class graduates, whichever comes later;
- Parenting time: Parents can receive credit for the number of days they spend with their children annually. A “day” is more than 12 consecutive hours within 24 hours. Shorter recurring visits that add up to more than 12 hours may count as a single day if parents agree or the court chooses;
- Income: The court adds together each parent’s adjusted gross income (earnings after taxes and deductions, as listed in the Child Support Guidelines) so it can set the basic child support obligation or how much parents are expected to spend together on their child before special circumstances and expenses are accounted for; and
- Additional expenses: The support obligation is adjusted for the following costs, the child’s health insurance premium, recurring uninsured medical expenses, and work-related childcare expenses.
Moreover, if you have visits that last less than 12 hours but span two days, temporarily delete them for the calculation; if you have visits that last over 12 hours but do not span two days, temporarily extend each one into the next day by clicking and dragging on the website. The numbers above your custody calendar (next to the people icons) will immediately reflect each parent’s days with the child that year.
The amount of the basic support obligation a parent is expected to contribute is equivalent to their percentage of the combined income. For instance, a parent making 40 percent of the income pays 40 percent of the obligation. If the parent paying support only has income from government programs meant for low-income people, neither parent will have to pay support.
When Do I Need to Contact A Lawyer?
If you reside in Tennessee and have issues with child support, do not hesitate to reach out to a local Tennessee child support attorney to guide you through your case. Child support can become challenging to calculate, and missing payments are a big deal.
Therefore, if you are struggling with either of these, please contact a local Tennessee child support lawyer to assist you further. Your attorney can provide you with legal representation and guidance for your specific case needs.
