How Do I Increase My Tennessee Child Support? Part 1

How Do I Increase My Tennessee Child Support?

How Do I Increase My Tennessee Child Support?

What a great question! As with other states, Tennessee has procedures that allow either parent to request modification of a child support order. T.C.A. § 36-5-101.

In this two-part series on how to increase Tennessee child support, we will discuss how:

• Modification Requires Proof of “Significant Variance”; and the
• 10 Steps to Modifying Tennessee Child Support.

Take a closer look at what is inside the family law attorney’s motion to increase the amount of court-ordered child support.

Modification Requires Proof of “Significant Variance”

Significant Variance. Are you thinking, “Yes, my tween is significantly spending my cash and it’s varying my lifestyle?” Well, that’s not all that far off. But modifying support orders does involve a little more than a blooming child’s growing expenses.

If there is a “significant variance” between the amount in the existing order and the Tennessee Child Support Guidelines, then the court may modify the support order. But only if that variance was not, itself, the result of a deliberate deviation from the guidelines. (If you persuaded the court to issue an order that significantly deviated from the guidelines, then you cannot do an about-face and immediately ask the court to modify that order because it deviates from the guidelines.)

What a significant variance means in terms of dollars and cents is tied, in part, to when the child support order was issued.

1. Child Support Orders Issued Before January 18, 2005 – Flat Percentage

Orders issued on January 17, 2005, and earlier followed guidelines that applied a flat percentage on income to calculate the amount of support.

Today’s modern guidelines apply an income shares approach. To modify the flat percentage support order, the modification needs to involve, minimally, a 15% change in the alternate residential parent’s gross income. (For obligor-parents who are low-income, only a 7.5% change is needed for modification.) The court compares the proposed obligor-parent’s pro-rata share to that in the current order. Although very important, that’s not the only factor the court will consider.

Is the obligor-parent supporting fewer minor children now than before? If the alternate residential parent (ARP) is legally and actually supporting two children, for example, and not the six that were minors when the order was issued, then that may be reason to increase support for the two remaining youngsters.

Has a child become disabled or has the condition worsened? That would be another reason to modify the support order.

Do the parents agree to increased child support? Parents may reach agreement on an increase in child support, but they still must submit the proper worksheets and follow the rules for modification.

2. Child Support Orders Issued After January 18, 2005 – Income Shares

There is another group of child support orders. Ones issued on January 18, 2005, and thereafter under the guidelines using the more recent income share provisions. Significant Variance for this group is somewhat different.

For the court to consider modifying these orders, the parent must show a 15% change between the existing order and what is proposed for a modified order, or 7.5% for low-income ARPs. (Once again, do not include any deviation from the guidelines in the current order when calculating the percentage of change.)

And if your child has health care needs, then you are not restricted to the 15% rule. Modification to serve the health care or medical needs of your son or daughter is sufficient basis to request an increase in the amount of support.

Although that’s not the complete modification picture, it is a good start. The next thing to do is contact your family law attorney for help requesting modified child support orders.

Be sure to return for Part 2.

Modifying Child Support Orders in Memphis TN

For more information, see Modifying Tennessee Child Support, and for legal updates, news, analysis, and commentary, visit our Tennessee Family Law Blog and its Child Support category.