When Do You Stop Paying Child Support in Tennessee?

When Do You Stop Paying Child Support in Tennessee? How to terminate child support in Tennessee. Motion to terminate. Terminating child support in Tennessee.

Most Tennessee parents fully appreciate the importance of paying regular child support for their son or daughter. After a few years, however, the question may become “when does child support end?”

18 Years of Age or Upon Graduation of High School, Whichever Occurs Second

Assume that there is already a child support order in place as part of a divorce, legal separation, or child custody case. The parents are legally responsible for the support and maintenance of their child, at least until one of the following two events comes to pass:

• It’s the child’s eighteenth (18) birthday and he or she is no longer in high school; or
• The child turned 18 while still a high school student, in which case child support continues until regular graduation with the senior class. (T.C.A. § 34-1-102(b).)

There are other considerations to keep in mind, such as providing for a disabled adult child, emancipation of a minor, or a child support agreement between the parties (for example, an agreement to continue payments so long as the son or daughter is enrolled in college full time).

Terminating Child Support Orders: File a Motion to Terminate Child Support.

If we are talking about an order to support only one child, then the obligor-parent may request termination of child support when that child graduates from a regularly scheduled high school class, or turns 18, depending upon which is second to occur.

The parent should seek termination of the support order from the family court. If the parent unilaterally stops paying child support without the court’s approval and termination order entry, then a judge could rule support is still due. Which means nonpayment could result in an arrearage, among other things. (The parent could be ordered to continue making payments until the court says: “It’s official, you can stop now.”) Any non payment of child support could complicate the circumstances and interfere with termination of the child support order. Avoid excessive overpayment and sanctions for nonpayment by planning ahead for the child’s graduation or eighteenth birthday and scheduling the filing of a motion to terminate child support. Plus, this final order could (and hopefully will) officially state that all payments due were paid and no support remains unpaid.

Modifying Child Support Orders

Of course, child support orders often provide for more than one child. When the first child reaches age 18 and graduates from high school, then the obligor-parent should reflect on the possibility of filing a motion to modify child support.

Modifying child support orders requires consideration of many factors, including a change in the need for support and the existence of any arrearage. If one of the children is now an adult and no longer in high school, that’s a material change but not conclusive.

This may seem counterintuitive at first blush, but having one child leave the nest does not necessarily mean child support will be substantially reduced. Say there are three children under the support order when the oldest graduates from high school at age 18. The obligor-parent may hope to reduce child support by a full third, based on a simple head count. However, the recipient-parent might request additional funds for the remaining two minor children for any number of reasons (“She’s a teenager now, she needs her own iPad” or “He’s struggling with algebra and needs a good tutor,” both of which cost more money.) Also, the parents’ incomes could have changed as well as health insurance or other expenses considered by the guidelines.

In deciding the modification issue, the court will examine the parent’s proof of significant variance and the calculations arrived at using the child support worksheet.

Before Attempting to Terminate or Modify Child Support

Every child support case is unique, which is precisely why you should always discuss termination and modification issues with a family lawyer before you decide to take legal action. Some exceptions could apply to your circumstances, there may be hidden consequences, and laws are always subject to change. To help you get started, though, here are videos with more detailed explanation about the duration, termination, and modification of child support:

When does Tennessee child support end for a parent of one child?

When can I reduce my Tennessee child support with more than one child?

For more information, take a look at Tennessee Child Support Answers to FAQ’s. For legal updates, news, analysis, and commentary, please 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, modifying, or terminating child support. To schedule your confidential consultation, call us today at (901) 683-1850.