When the parents of a minor child in Tennessee go through a separation or divorce, one of the most important considerations for both parents is child support. The law views child support as a mechanism to ensure that both parents contribute to the financial well-being of their children post-divorce. Along with factors such as the income of both parents and the cost of childcare, overnights can play a significant role in determining the amount of child support a parent pays. To help you better understand, a Murfreesboro child support attorney at Bennett | Michael | Hornsby explains the role that overnight parenting
time can play in determining child support in your Tennessee divorce.
How Is Child Support Calculated in Tennessee?
Tennessee law requires child support to be calculated in any divorce involving minor children. Like many states, Tennessee uses the Income Shares Model to calculate child support which considers both parents’ incomes to determine what portion each parent contributes to the overall financial support of the child.
The process begins by combining both parents’ gross monthly incomes to establish a “Basic Child Support Obligation” (BCSO) based on standardized state guidelines. The BCSO is intended to reflect the combined amount parents would typically spend on their child if they lived together in the same household. This figure is then allocated proportionally between the parents based on their respective incomes.
By way of illustration, imagine that the BCSO is $10,000 and parent A earns 60 percent of the combined income while parent B earns 40 percent. Parent A would be responsible for 60 percent of the BSCO, and parent B would be responsible for 40 percent. While the child support calculation may stop there, several factors can cause additional adjustments to the final child support order, including overnights.
The Role of Overnights in Child Support Calculations
In Tennessee, the law defines an “overnight” as a period of at least 12 consecutive hours where the child resides with one parent and recognizes that when a child spends long periods of time with a parent the parent is directly contributing to the child’s everyday expenses, such as food, shelter, and clothing. With that in mind, the law allows for the number of overnights to be used to adjust a parent’s child support obligation.
Before taking overnights into account for child support purposes, one parent must be determined to be the Primary Residential Parent (PRP) and the other parent the Alternative Residential Parent (ARP). The PRP is the parent with whom the child spends the majority of time (over 50 percent) while the ARP is the parent who spends less than 50 percent of the time with the child.
Tennessee child support guidelines include the potential for a parenting time adjustment to account for the ARP’s expenses during their parenting time. When the ARP has more than 92 overnights per year, reflecting 25 percent or more of the time, a significant adjustment to the child support amount may occur. The more overnights the ARP has with the child(ren), the more their child support obligation decreases because they are presumed to be covering a greater share of the child’s expenses.
How Do Overnights and the Parenting Time Adjustment Work?
The credit for overnights is designed to ensure that child support reflects the financial contributions of both parents. It is important to understand that an adjustment to child support will only occur if the ARP spends more than 92 overnights with the child(ren). After that pivotal number, the adjustment effectively applies on a sliding scale. If the ARP reaches 182 overnights (half of the time), the child support calculation can change significantly because at that point, both parents are presumed to be making significant contributions to the child’s daily expenses. By recognizing the ARP’s contributions during their parenting time, the law is set up to encourage shared parenting arrangements where both parents remain actively involved in the child’s life.
Whether you are negotiating a parenting plan or seeking modifications to an existing child support order, consulting with an experienced Tennessee child support attorney can help you navigate the complexities of Tennessee’s child support system.
Contact a Murfreesboro Child Support Attorney
If you have additional questions about how overnights are taken into account for the purpose of calculating child support in a Tennessee divorce, consult with an experienced Murfreesboro child support attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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