Retroactive Child Support Allowed to Birth or Separation in Tennessee
- At July 31, 2012
- By Miles Mason
- In Child Support
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Retroactive Child Suport in Tennessee Allowed to Birth or Separation
Retroactive Child Suport in Tennessee Allowed to Birth or Separation
The Tennessee Child Support Guidelines are very specific. Support can be ordered back to the date of birth (including birthing expenses) or separation in a divorce. Some Tennessee parents have been ordered to pay up to 17 years in arrears. All parents should take this provision very seriously.
The Tennessee Child Support Guidelines read:
1240-2-4-.06 RETROACTIVE SUPPORT.
(1) Unless the rebuttal provisions of Tennessee Code Annotated §§ 36-2-311(a)(11) or 36-5- 101(e) have been established by clear and convincing evidence provided to the tribunal, then, in cases in which initial support is being set, a judgment must be entered to include an amount of monthly support due up to the date that an order for current support is entered:
(a) From the date of the child’s birth:
1. In paternity cases; or,
2. Where the child has been voluntarily acknowledged by the child’s putative father as provided in Tennessee Code Annotated § 24-7-113, or pursuant to the voluntary acknowledgement procedure of any other state or territory of the United States that comports with Title IV-D of the Social Security Act, or, as applicable;
(b) From the date:
1. Of separation of the parties in a divorce or in an annulment; or
2. Of abandonment of the child and the remaining spouse by the other parent in such cases; or
3. Of physical custody of the child by a parent or non-parent caretaker.
(2) Deviations from the presumption that a judgment for retroactive support shall be awarded back to the date of birth of the child, the date of the separation of the parties, or the date of abandonment of the child shall be supported by written findings in the tribunal’s order that include:
(a) The reasons the tribunal, pursuant to Tennessee Code Annotated §§ 36-2- 311(a)(11)(A) or 36-5-101(e)(1)(C), deviated from the presumptive amount of child support that would have been paid pursuant to the Guidelines; and
(b) The amount of child support that would have been required under the Guidelines if the presumptive amount had not been rebutted; and
(c) A written finding by the tribunal that states how, in its determination,
1. Application of the Guidelines would be unjust or inappropriate in the particular case before the tribunal; and
2. The best interests of the child or children who are subject to the support award determination are served by deviation from the presumptive guideline amount.
(3) The retroactive support amount shall be calculated as follows, using the Guidelines in effect at the time of the hearing on retroactive support:
(a) For the monthly BCSO, apply the Guidelines in effect at the time of the order, using the Child Support Worksheet. Use the average monthly income of both parents over the past two (2) years as the amount to be entered for “monthly gross income,” unless the tribunal finds that there is adequate evidence to support a different period of time for use in the calculation and makes such a finding in its order. Do not include any current additional expenses on the retroactive worksheet. Complete the worksheet for the retroactive monthly amount, and multiply the amount shown on the worksheet as the “Final Child Support Order” times the number of months the tribunal has determined to be the appropriate period for retroactive support.
(b) An additional amount may be added onto the judgment for retroactive support calculated above in subparagraph (a) to account for the ARP’s share of amounts paid by the primary residential parent for childcare, the child’s health insurance premium, and uninsured medical expenses over the retroactive period under consideration, and other expenses allowed under Tennessee Code Annotated § 36-2-311.
(c) Add the total amount from subparagraph (a) above to the amount from subparagraph (b) for the total retroactive support due. The retroactive support amount as calculated in subparagraphs (a) and (b) above is presumed to be correct unless rebutted by either party.
(4) A periodic payment amount shall be included in the support order, in addition to any prospective amount of current support, to eliminate the retroactive judgment for support within a reasonable time. Payment of the monthly amount as ordered shall be considered compliance with the retroactive order, however, the department may use additional means of collection to reduce this judgment without regard to the timeliness of the periodic payment.
Tennessee Child Support Guidelines, August 2008.
Memphis divorce attorney, Miles Mason, Sr., JD, CPA, practices family law exclusively with the Miles Mason Family Law Group, PLC in Memphis, Tennessee. To learn more about Tennessee child support laws, read and view:
