Overview of Child Support Laws in Tennessee

Seek help from a Memphis child support attorney to determine your rights as a custodial or non-custodial parent. All states have a system in place so that when parents get divorced, the non-custodial parent helps provide financially for the child’s needs. The guidelines for child support are set by each state. Tennessee has child support laws that are similar to those of other states.

Determining Child Support

The payments are determined by a number of factors, one of which is the net income of the non-custodial parent.

Income can come from a variety of sources and can include: 

• salary;
• self-employment income;
• pensions;
• trusts;
• estates;
• unemployment benefits;
• Workers’ Compensation benefits;
• Social Security benefits;
• annuities;
• gifts;
• prizes;
• education grants; and
• income earned by a new spouse.

In some cases, unrealized income can be counted toward income and used to pay child support, like income that is earned from: 

• stock options;
• retirement accounts;
• trusts; and
• earnings from a corporation.

A Memphis child support attorney can determine whether these sources of income apply in your child support case.

Support is also determined by the number of children the non-custodial parent has. For the first child, 21 percent of the net income is deducted. For two children, 32 percent is deducted. If the parent has three children, 42 percent is deducted.

If there are four children, the parent will have 46 percent of his or her wages deducted. If there are more than four children, the parent should contact the Child Support Receipting Unit to determine how much will be paid. There is a limit as to how much money can be deducted from one’s paycheck.

In Tennessee, the non-custodial parent is required to pay to help support the child until he or she graduates from high school or turns 18, whichever occurs later. At that point, the payments may cease. Whether the parent wants to continue supporting the child financially is up to him or her. In general, there is no legal financial obligation to pay for the child’s college education but a court can award that payments may be made to a college education trust.  For more information, see Tennessee Child Support & Divorce Law Answers to FAQs.

Visitations and Medical Insurance

In Tennessee, laws allow the non-custodial parent to visit the children as often as he or she pleases, as long as the custodial parent is agreeable to the visitation. If the parents cannot come up with a suitable child custody agreement, the courts will decide the schedule for them.

The court might order the standard schedule, which includes:

• every other weekend;
• alternating holidays; and
• at least four weeks during the summer.

The parents must also decide who will provide medical coverage for the child. If the parents cannot decide, the courts will make the decision for them.  To learn more, see Visitation, Residential Time & Parenting Time in Tennessee Divorce Law.

Child Support Enforcement

In Tennessee, child support payments are automatically taken from the non-custodial parent’s paycheck. This is done to eliminate the hassle of having to mail payments every month. It also ensures that the parent does not skip payments and ensures that the payments are made on time so the custodial parent does not have to worry about receiving the payments to meet expense.

If for some reason payments are not being made, the state of Tennessee has the right to use tax refunds or other federal benefits to make the payments. Assets may also be seized. In some cases, the non-custodial parent’s driver’s license may be suspended or revoked if he or she fails to make payments.  For more information, see Child Support Enforcement & Collection in Tennessee Family Law FAQs.

Contacting a Lawyer

If you want to make sure your child receives the financial support he or she deserves, seek legal help. A Memphis child support attorney from Miles Mason Family Law Group can help you with such issues after a divorce. A lawyer may also help with custody and other issues related to family law. Call (901) 683-1850 today to set up a consultation with an attorney.