Parents are eligible to receive child support payments from another parent as a result of divorce. Parents can also make a request for child support in a paternity action in juvenile court. Unfortunately, many parents go through the child support process without understanding how payments are calculated.
How is Child Support Calculated?
In the state of Tennessee, guidelines are in place that help to calculate how much child support must be paid. Deviations from the guidelines may occur if the Court finds that it is in the best interests of the children.
The Tennessee guidelines require that the combined monthly gross income of both parents first be determined. This means that it is necessary to add up income from all sources from both parents. The gross income is then used to determine how much basic support the child or children will receive. This basic support amount is affected by the number of children the parents have and the number of days of parenting time with each child.
Credits are also given for other supported children, medical expenses, day care, and health insurance coverage.Once the appropriate amount of basic support is determined, each parent becomes responsible for a percentage of that support amount equal to the share of the combined family income he or she earns.
Child Support Enforcement
Child support orders in Tennessee are generally enforced by garnishing the wages of the parent who is required to pay. Wage garnishment means that when a child support order is issued, money is taken directly from the paycheck of the parent who is obligated to pay.
When this method of enforcement is not sufficient to ensure that a parent pays, there are other enforcement methods used by child support services or by the court. The court, for instance, may hold the delinquent parent in contempt. The delinquent parent may be reported to the credit bureau; may have his or her driver’s or professional license taken away; may have liens placed on property or have tax returns seized; and may sometimes face criminal charges.
Modifying Support Orders
In some cases a substantial change in circumstances will occur that will result in a need for modification of child support. At such time, parents may request that the court or child support services review the order to determine if modification is appropriate.
Tennessee has outlined rules for when modification is appropriate and specifies that modification will be granted if there is a “significant variance.” Essentially, this means that unless there should be a 15 percent difference between the current support order and the new proposed child support modified order. As such, the new amount of support must be 15% more or less than the old amount of child support.
If you are in need of help with child support issues, or have other family law related questions, and need counsel to discuss family law issues, call or schedule a consultation with our family lawyer Memphis, TN attorneys at Wiseman Bray PLLC today. Call our office at (901) 372-5003 to ask for a consultation!