Child Support and Income Changes in Tennessee: Understanding Your Rights

Child support plays a crucial role in ensuring that children receive the financial support they need from both parents, regardless of their relationship status. In Tennessee, child support is governed by state laws and guidelines that determine how much one parent must pay to support their child. However, life circumstances change, and so can income levels. Understanding how income changes impact child support and what rights each party has in Tennessee is essential for parents navigating the child support system.

How Child Support is Determined in Tennessee

Tennessee follows the Income Shares Model to calculate child support obligations. This means that both parents’ incomes are considered when determining the total amount of child support due. The state provides a Child Support Worksheet that factors in:

Each parent’s gross monthly income
The number of children being supported
Any pre-existing child support obligations
Health insurance and childcare costs
Parenting time and custody arrangements

Once these factors are considered, the court determines how much the non-custodial parent must pay to the custodial parent. However, when a parent’s income changes significantly, child support may need to be modified.

Income Changes and Child Support Modification

When Can Child Support Be Modified?

In Tennessee, child support obligations are not set in stone. A parent can request a modification of child support if there has been a "significant variance" in income or financial circumstances. According to Tennessee law, a significant variance occurs when:

The new child support calculation would be at least 15% higher or lower than the current amount for one child (or 7.5% for low-income cases).
A parent’s income has substantially increased or decreased (due to job loss, promotion, or disability).
There has been a significant change in parenting time.
The child’s financial needs have changed (e.g., increased medical or educational expenses).

If any of these conditions apply, a parent can petition the court for a child support modification.

How to Request a Child Support Modification

To modify child support in Tennessee, a parent must:

File a Petition for Modification with the court that issued the original child support order.
Provide proof of income changes, such as pay stubs, tax returns, or termination letters.
Show a significant variance as outlined by Tennessee law.
Attend a court hearing, where a judge will review the financial information and decide whether to grant the modification.

The process may take several months, so it’s important to file for a modification as soon as an income change occurs. While the steps are straightforward, proceeding in court is a time-consuming and often difficult process. Having our attorneys by your side always makes the process easier.

Rights of Each Parent in Child Support Cases

Rights of the Paying Parent (Obligor)

The parent who pays child support has certain rights under Tennessee law:

Right to Request a Modification: If income decreases significantly, the obligor has the right to request a lower child support payment.
Right to Due Process: Child support cannot be increased arbitrarily without proper notice and legal proceedings.
Right to Credit for Additional Support: If the obligor provides additional financial support, such as paying for private school or medical expenses, they may request a credit toward their obligation.
Right to Contest Wage Garnishment: If child support is collected through wage garnishment, the obligor can contest incorrect amounts.

Rights of the Receiving Parent (Obligee)

The parent who receives child support also has legal protections:

Right to Enforce Child Support Orders: If the other parent fails to pay, they can seek enforcement through the Tennessee Department of Human Services (DHS).
Right to Request an Increase: If the paying parent’s income increases significantly, the obligee can request a child support modification to reflect the new earnings.
Right to Collect Past-Due Support: Unpaid child support (arrears) does not disappear and can be collected through legal action, wage garnishment, or tax refund interception.

Common Scenarios for Income Changes

Job Loss or Unemployment

If the paying parent loses their job, they should immediately file for a modification rather than stop making payments. Courts typically do not reduce child support retroactively, meaning the parent could accumulate arrears if they delay action.

Salary Increases or Promotions

If the obligor receives a substantial raise, the receiving parent has the right to request an increase in child support to reflect the new financial circumstances.

Self-Employment or Business Ownership

Self-employed parents must provide accurate income records, including tax returns and business expenses. The court may investigate to ensure they are not underreporting income to avoid higher payments.

Remarriage or New Family Obligations

Remarriage alone does not impact child support obligations, but having additional children may be considered when modifying payments.

Consequences of Failing to Pay Child Support

Tennessee enforces child support payments strictly. If a parent fails to pay, they may face:

Wage garnishment
Driver’s license suspension
Tax refund interception
Liens on property
Contempt of court charges (which could lead to jail time)

Stay Informed and Proactive

Child support is a legal responsibility, and income changes can significantly impact both parents. Whether you’re the paying or receiving parent, understanding your rights and the modification process in Tennessee is crucial. If you experience a major income shift, act quickly by consulting our family law attorney for help filing for a modification to ensure fair and appropriate support for your child.

Need help with a child support case in Tennessee? Fill out our contact form to get in touch with our experienced family law team today.