Is Tennessee Equal Parenting Time Really a 50/50 Deal?

Is Tennessee Equal Parenting Time Really a 50/50 Deal?

Predicting Tennessee child support obligations when the mother and father share equal parenting time can be a little tricky.

For the sake of comparison, in some other states the unadjusted amount of child support a parent will pay is dependent upon how many days that parent has the child over the course of the year. Generally, fathers who embrace equal shared parenting roles in those states will, under ordinary circumstances and without special adjustments, pay less in child support than similarly situated fathers who take on less parenting time. Certainly that’s a financial incentive for fathers in those states to participate equally in raising their children.  However, a general rule that the greater the parenting time the lesser the child support obligation is generally applicable in Tennessee.

Encouraging TN Parents to Participate Equally in Child Rearing

When we look to Tennessee’s child custody law, T.C.A. § 36-6-106(a) clearly associates the best interest of the child with both parents’ maximum participation in that child’s life. Maximum participation involves parenting time. Although the current language in that statute has only been with us since 2011, perhaps it is beginning to open doors to more equal shared parenting arrangements.

As part of their parenting agreement, a mother and father may agree to equal parenting time. But in the absence of such an agreement, some judges are reluctant to order 50/50 parenting time. Generally, when both parents have an established track record of being the child’s primary caregiver, then the judge may be more inclined to consider ordering equal parenting time over the objection of one parent who desires greater than roughly equal parenting time.

Designating a Primary and Alternative Residential Parent for Determining Child Support

When the court does order equal shared parenting, the next step is to calculate support obligations under the Tennessee Child Support Guidelines. Under the guidelines, equal parenting is indeed a 50/50 arrangement with precisely 182.5 days for mother and 182.5 days for father. Furthermore, the mother is assumed to be the primary residential parent for child support purposes only. Before any adjustments are made to the father’s obligation, as the alternative residential parent he will be required to provide the lion’s share of child support. This is so even though the father does truly enjoy equal shared parenting with the child’s mother.

Making Adjustments to the Father’s Child Support Obligation

With the parent earning more money carrying the heavier financial burden by default under the child support guidelines, there is a mechanism to balance contributions in cases of 50/50 parenting time.

Adjustments may be made to lighten the alternative residential parent’s support obligation to reflect actual parenting time, healthcare insurance costs, work-related childcare expenses, and certain recurring medical expenses not otherwise covered by insurance.

There is also an income adjustment. When a mother and father share equal parenting time and the primary residential parent has the higher income, then she should contribute to the father’s household expenses in the best interest of their child. The reciprocal is also true. If the father’s income is greater, then the child’s best interests are served by contribution to the mother’s household expenses.

Importantly, a Tennessee father’s desire for 50/50 parenting time will not, in itself, eliminate his child support obligation. Establishing the need for further adjustment under the guidelines may be necessary.

For more reading on the impact of shared parenting on respective child support obligations, take a look at:

50/50 Equal & Shared Parenting Time in Tennessee Child Support Laws

Child Custody and Child Support in Memphis, TN

When you need experienced representation, a Memphis divorce lawyer from the Miles Mason Family Law Group can help. Our family law firm handles all aspects of Tennessee divorce, child support, alimony, child custody, and parent relocation. You can begin preparing for divorce today by downloading our FREE E-book entitled Your First Steps: 7 Steps Planning Your Tennessee Divorce. When you are ready to schedule your confidential consultation, call us at (901) 683-1850.