How to Lower Tennessee Child Support Payments
When circumstances change, it may result in needing to lower Tennessee child support payments. The Tennessee Department of Human Services (Child Support Service Division) is the agency that oversees decreases in child support, and a Memphis child support lawyer can help with the process and answer any questions regarding how to decrease child support payments.
Reasons That May Allow Lowering Child Support Payments
The main reason for lowering child support payments is a change in the parent’s financial situation. However, this doesn’t mean that the parent suddenly should stop paying. Until an order is changed, the parent is still responsible for fulfilling the obligations of the current order.
Loss of employment could be one reason to seek a reduction in payments. Even then, the circumstances surrounding the job loss will be evaluated.
For instance, if the parent quit or the loss of employment is expected to be temporary, it’s unlikely child support will be lowered. To lower child support payments, it usually must be a situation in which it was completely out of the hands of the parent. Examples include a business closing down or a reduction in staff.
Another reason that child support payments might be reduced is if the parent has serious health problems and no longer is able to work or has to work part-time.
Parents who pay child support for more than one child also may seek to reduce payments if one of the children turns 18 years old or graduates high school, whichever occurs later. Other situations that might warrant a reduction is if a child quits school, gets married or is emancipated.
Requirements to Lower Child Support Payments
In Tennessee there must be a significant variance in order to change a child support order. Child support orders established on January 18, 2005 and later require that under income shares guidelines there is at least a 15 percent change between the current order and the new amount being sought, or if it can be established the parent now qualifies as a low income provider, the change must be at least 7.5 percent between the current order and the new amount being sought.
There are additional rules as to what is considered low income. For instance, if the parent is underemployed or unemployed, it must be under involuntary circumstances. And the annual gross income must be at or below the federal poverty level, which is $10,400 for a single adult.
How to Decrease Child Support: Modifying a Court Order in Tennessee
A Memphis child support lawyer can help parents who wish to pursue a child support modification with the appropriate documents and paperwork. For instance, a Petition for Modification should be filled out, and an Affidavit also may need to be filled out.
The attorney can assist in drafting the Notice of Hearing that is sent to the respondent to notify him or her that the Petition was filed and to notify the respondent of the hearing information, i.e. the time, date and location.
Parents who wish to pursue a modification of a child support order should go through the proper legal channels in doing so. Never stop paying child support without a court order in place. A Memphis child support lawyer can be very helpful when looking for answers to questions like, “How do I decrease child support payments?” and can help with the procedures required to lower child support payments.To learn more, see Tennessee Child Support Modification Law | How to Modify Child Support.
