In Tennessee, Can a Custodial Parent Owe Child Support?


In Tennessee child support law, the custodial parent is called the primary residential parent (PRP) and the non-custodial parent is described as the alternative residential parent (ARP).  Can a Tennessee primary residential parent owe an alternative residential parent child support under the Tennessee’s child support income shares model?

Yes.  Rule 1240-2-4-.04(7)(f) reads, as follows:

Due to the method for calculation of the adjustment, it is anticipated, in a case where the PRP has greater income than the ARP and the ARP has a high level of parenting time with the child, that support may be due from the PRP to the ARP to assist with the expenses of the children during the times spent with the ARP. In this circumstance, a support payment from the PRP to the ARP is allowed.

Under prior law, this was not possible. According to the definitions section of the Guidelines,

The “primary residential parent” (PRP) is the parent with whom the child resides more than fifty percent (50%) of the time.

And,

The “alternate residential parent” (ARP) is the parent with whom the child resides less than fifty percent (50%) of the time.

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About 

Memphis divorce attorney and family lawyer, Miles Mason, Sr. JD, CPA founded the Miles Mason Family Law Group, PLC. The firm practices divorce and family law only representing clients living in Memphis, Germantown, Collierville, Bartlett, Eads, Shelby Co., Fayette Co. Tipton Co., and the surrounding west Tennessee area. For more information, see our Meet the Team page.

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