When the parents of a minor go through a divorce or no longer live together in Tennessee, one of the most important issues they must address is child support. Child support is intended to ensure that a child’s basic needs, such as food, housing, medical care, and education, are met, even if the parents live in separate households. If you are designated as the Primary Residential Parent (PRP), once referred to as the “custodial” parent, you are likely wondering how much child support you are entitled to receive from the alternative Residential Parent (ARP). The answer depends on several factors, including the income of both parents, the number of children involved, and the details of your specific custody arrangement. To give you some idea how much you will receive, a Murfreesboro child support attorney at Bennett | Michael | Hornsby discusses how child support is determined in Tennessee.
Understanding the “Income Shares Model”
Tennessee uses the “Income Shares Model” when calculating child support obligations. The goal of the Income Shares Model (ISM) is to provide the child(ren) with the same proportion of parental income that they would have received if the parents were still living together. To calculate child support, the ISM considers the combined adjusted gross income of both parents and assigns a portion of that income to support the child based on the Tennessee Child Support Guidelines.
What Factors Are Used When Determining Child Support in Tennessee?
Several factors can influence the amount of child support ordered in Tennessee; however, the primary factor is the combined monthly gross income of both parents, including wages, salaries, bonuses, self-employment income, and other regular sources of income. Additional income, such as alimony, rental income, and investment returns, may also be used when determining how much income is available to support the child(ren). Once the combined income is determined, you must determine what percentage each parent contributes to the total income. For example, the PRP might earn $4,000 per month and the ARP earns $6,000 for a total of $10,000 available income each month. The PRP contributes 40 percent, and the ARP contributes 60 percent in our example, meaning that the ARP is responsible for 60 percent of the child support each month and the PRP is responsible for the remaining 40 percent.
Income, however, is not the only factor used to determine child support in Tennessee. The number of children requiring support also affects the calculation with a higher number of children increasing the total obligation. Additionally, the number of overnights the child spends with each parent will influence the outcome because Tennessee uses a parenting time adjustment when a child spends at least 92 overnights per year with the ARP. The more time the child spends with that parent, the greater the potential reduction in the support amount they must pay.
Health insurance premiums paid for the child, work-related childcare expenses, and other extraordinary costs such as special education or medical needs may also be used to adjust the amount of child support ordered in Tennessee. These expenses are usually shared proportionally based on each parent’s income which may result in an increase or decrease in the amount of support you receive or pay.
Can Child Support Be Modified in Tennessee?
Although a child support order is just that – and order from the court—it is possible to modify that order. If a parent fails to pay court-ordered child support, the other parent can seek enforcement through the Tennessee Department of Human Services or the court system and the penalties for nonpayment may include wage garnishment, seizure of tax refunds, suspension of a driver’s license, or even jail time in extreme cases.
If either parent experiences a “substantial change in circumstances,” such as a substantial change in income, a change in the parenting schedule, or new medical or childcare expenses, after the original order is issued, it is possible to petition the court for a modification. The standard used in Tennessee for a modification is that the change must usually result in at least a 15 percent difference in the support amount to qualify for modification, unless the modification is based on the child’s healthcare needs.
Contact a Murfreesboro Child Support Attorney
If you have additional questions about child support in Tennessee, 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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