Child Support

CONCERNED LAWYER FIGHTS TO DELIVER APPROPRIATE RESULTS

Under Tennessee law, both parents, whether they have ever been married or not, must provide material support for their children. When the parents live apart, either parent can petition the court for an enforceable child support order. Most requests for child support come during an action for divorce or legal separation, but unmarried parents can also request support if the issue of paternity is settled. At WalshLaw, I help parents on either side of a child support dispute obtain a fair order. Drawing on twenty years of experience helping families, I work tirelessly to deliver the best possible results based on your true financial situation.

In general, the parent who has the children most of the time, known as the Primary Residential Parent (PRP), receives child support from the other parent who has the children less time, known as the Alternative Residential Parent (ARP). Tennessee uses the income shares model to arrive at an amount of basic child support and then allows adjustments for additional expenses. The law also allows for deviations if the judge finds them appropriate and commits the reasons to writing, however it can be difficult to convince a court to deviate, so you will need strong evidence and a good argument.

The child support process involves several steps, including:

• Reporting both parents’ gross income from all sources.
• Totaling that income.
• Subtracting allowable deductions to get the Combined Adjusted Gross Income.
• Applying the Combined Adjusted Gross Income to the state Child Support Schedule for the number of children to be supported to find the Basic Child Support Obligation.
• Apportioning the Basic Child Support Obligation between the parents according to their percentage of the Combined Adjusted Gross Income.
• Adjusting the apportioned Basic Child Support Obligation based on the ARP’s parenting time to get the Presumptive Child Support Order. In general, the more time the children live with the ARP, the less child support the ARP pays.
• Adding adjustments for additional expenses, which include the cost of health insurance for the child(ren), work-related childcare, and recurring uninsured medical expenses, to get the Adjusted Support Obligation.
• The court then decides whether the Adjusted Support Obligation is sufficient, or whether facts support a deviation from that amount in the best interests of the child.
• The court issues the Final Child Support Order, which is the amount the ARP, as the obligor, must pay to the PRP, as the obligee.

Do not ignore a support order; the court may impose a lien on an obligor’s real property as security for the payment of child support, along with intercepting tax refund payments and suspending driver's licenses. Bankruptcy will not get you out of child support. If you have a child support order, you and the other parent cannot modify it just by saying so; the court must approve the change. In Tennessee, the obligation to pay child support lasts until the child’s 18th birthday or until age 19 if the child has not completed high school.

Despite guidelines designed to streamline and standardize child support orders, there are potential pitfalls throughout the process, and an adverse decision could haunt you for a very long time. To protect your financial interests and your children’s welfare, get knowledgeable assistance from WalshLaw today.

A child support order has the force of law behind it. So, if an obligor does not pay, the obligee can use collection tools provided by the Tennessee Department of Human Services Child Support Program. When these administrative means fail, the obligee can go to court and file a motion of contempt. The court can then sanction the obligor for willful nonpayment, which can result in jail time.

Some obligors withhold child support payments deliberately, but many cases of unpaid child support result from inability to pay. Often the truth behind a support arrearage may be a bit of unwilling mixed in with a dose of unable. Obligors may suffer an injury or illness that prevents them from working, or get laid off from their job. In these types of situations, the obligor should request a modification from the court. Modifications are available whenever an obligor has experienced a substantial change of circumstances, Obligors must understand that only the court can change a child support order, so informal (off the books) agreementswith the obligee change nothing. The obligee could go to court six or nine months, maybe even years after you made the informal agreement to reduce payments and ask the court to enforce the full amount. To protect yourself from further financial hardship, consult a family law attorney immediately and get the change in the order you need.

If you are not living with your child’s other parent, child support is one of the most important factors affecting your financial future. WalshLaw provides honest counsel and zealous advocacy in pursuit of fair child support orders. To schedule a consultation, call 615-915-0760 or contact my Nashville office online. My office is located at 4535 Harding Pike, just west of White Bridge Pike and Woodmont Boulevard.