Requirements to Modify Child Support in Tennessee

If you wish to modify child support in Tennessee, make sure you understand the necessary requirements. Child support services with the Tennessee Department of Human Services can help, but if you have legal concerns make sure you speak with an attorney. By securing help from a lawyer familiar with these laws, such as Miles Mason in Memphis, it may help ensure that your legal rights are protected.

Modifying Tenn. Child Support: What You Need to Know

In order to modify Tennessee child support, there must be a significant reason to do so. Because of this, it isn’t always an easy thing to do. Although you must meet certain criteria in most cases, if the modification serves to provide for your child’s healthcare needs, you usually won’t have a problem.

Otherwise, the ability to make modifications will be dependent on whether a significant variance exists, as well as other factors. It will also depend on when child support orders were established. According to the Tennessee child support guidelines (Rule 1240-2-4-.05), the following is used to define a “significant variance” for child support orders established before January 18, 2005: 

• at least 15 percent change in gross income of the alternate residential parent (ARP) with whom the child resides less than half the time; and/or
• change in number of children for whom ARP is responsible and supporting; and/or
• child becomes disabled; and/or
• parties voluntarily agree to modification in compliance with rules; and
• at least 15 percent change between current amount and proposed amount (as long as current order is at least $100 per month or at least $15 if current amount is less than $100; or
• at least 7.5 percent change between current amount and pro rata share of the basic child support obligation (BCSO) if parent qualifies as a low-income provider.

If the child support order was established on January 18, 2005 or afterward, “significant variance” is defined as at least a 15 percent change between current amount (not including any deviation amount) and change being proposed.

Alternately, significant variance could be defined as a 7.5 percent change between the current support order amount (not including any deviation amount) and the amount being requested if the parent seeking modification is considered a low-income provider.

To modify an order, calculations will need to be done using a Child Support Worksheet, which child support services can provide. Of course, there must be evidence that shows criteria has been met.

Changing an order can be a challenge. The aforementioned are just some of the factors that may be considered. When arrears are involved or parenting time is split in half, there may be other requirements. Speaking with a lawyer can help you better understand your chance of modifying a child support order.

For more information, see Tennessee Child Support Modification Law | How to Modify Child Support.

Seeking Help from Child Support Lawyers in Memphis

According to the Child Welfare League of America (CWLA), in 2010, Tennessee distributed over $530 million in child support funds, which was a 0.1 percent increase from 2009. While child support services can be of assistance to parents with questions about these orders, sometimes it’s not enough. Whether you are trying to enforce a child support order or attempting to make modifications, you may need legal counsel.

With so many variances that can affect your case, speak with a lawyer who understands Tennessee state laws. By contacting the Miles Mason Family Law Group, you can learn more about your legal rights regarding child support services in the state.

Before you call us, take a look at our FREE eBook. If you are contemplating divorce or are in the midst of it, you will likely have questions pertaining not only to child support but other issues. This guide can help answer some of those questions. Give us a call at 901-683-1850 to discuss modifying a child support order.