Reaching Beyond Income Caps on Tennessee Child Support
Maximum child support and whether the residential parent can reach beyond net income caps for more money is a frequent issue for Tennessee parents.
Reaching beyond income caps on Tennessee child support
For Purposes of Child Support Calculations, Let’s Assume…
Although there are many factors to consider when calculating child support, including credits and deductions, let’s assume that the alternate residential parent (ARP) is taking home $180,000 or more annually and will be obligated to pay child support for at least one minor.
To begin, the Tennessee Child Support Guidelines apply one rule to the first $10,000 of monthly income after taxes (include income from all sources, not just from employment). A second rule applies to any additional net income above the initial $10,000 per month.
Rule 1: $10,000 Cap and Strict Computations Under the Guidelines
For the first $10,000 in monthly net income, look to the number of children for a strict computation of monthly child support under the guidelines. If there is one child, then the ARP can expect to pay $2,100 per month. For two children, the amount increases to $3,200. Three children, then $4,100. Four children, then $4,600. Lastly, with five or more children support reaches a maximum of $5,000 per month, half of the obligor-parent’s first $10,000 in net income.
Under Rule 1, the primary residential parent (PRP) receiving the money has no burden to prove that the child needs the support. The guidelines, with deductions and credits, provide a strict computation. She may, however, seek additional support for special circumstances (for example, to provide for a disabled child who requires specialized daycare). This would represent a deviation from the guidelines.
Rule 2: Net Income Exceeding $10,000 Per Month
When the obligor-parent has a monthly net income exceeding the $10,000 cap, then the recipient-parent may request additional funds. If the PRP is satisfied with the strict calculation under Rule 1, then there is no need to argue the case for more money. But if the residential parent seeks additional support, then she must have the winning argument as to why more money is reasonably necessary to provide for the child’s needs. The PRP must carry the burden of proving by a preponderance of the evidence that the child will benefit from additional support money.
Of course, the recipient’s entire household will likely benefit in some way from additional child support. But there is a bit more to it.
Child Support Commensurate with “Means and Station in Life”
Increasing support under Rule #2 – beyond the strict computations arrived at under Rule #1 – should be connected to maintaining some, if not all, of the lifestyle advantages that the child might otherwise have enjoyed had his parents continued to live together instead of divorcing. The focus is on how the additional funds will benefit the child, not on how the former spouse will benefit. The additional support could pay for private school, or allow the PRP to upgrade into a nicer home in a safer neighborhood with a lower crime rate, among other things.
In 1993, our Supreme Court of Tennessee emphasized the long-standing principle that child support from the well-heeled should reflect the parents’ affluence. Tennessee law “requires that a parent must provide support in a manner commensurate with his means and station in life.” Nash vs. Mulle, 846 SW2d 803 (Tenn. 1993). With additional monthly support, the recipient parent in Nash vs. Mulle funded an educational trust account providing for the child’s future college expenses.
When additional support is needed for the child’s travel expenses, cultural experiences, memberships and recreational activities, private schooling, and improved living conditions, then the burden of proof on the parent seeking increased support may be more easily satisfied.
In your own calculations, use child support worksheets to dry-run various support options. Alternatives can be very useful in negotiating a parenting plan and in preparing for support orders that could exceed the maximum on the first $10,000 net income. In every case, though, it is always prudent to discuss child support and other parenting issues with a knowledgeable family lawyer.
To learn more, see Caps on Tennessee Child Support Owed by High Income Parents Earning Greater Than $10,000 Per Month Net Income.
Memphis TN Child Support Attorney
For more information, see Tennessee Child Support Answers to FAQ’s, and for legal updates, news, analysis, and commentary, visit our Tennessee Family Law Blog and its Child Support category. A Memphis child support attorney from the Miles Mason Family Law Group can help you with Tennessee child support issues including setting or modifying child support. To schedule your confidential consultation, call us today at (901) 683-1850.
