Child support orders in Tennessee are intended to ensure that children receive appropriate financial support from both parents. However, life circumstances do not always remain the same. Jobs change, health issues arise, new children enter the picture, or parents experience significant shifts in income. As such, child support can be modified to make sure support orders remain fair and aligned with a parent’s real financial situation. In Tennessee, courts take both income increases and decreases into account, but they also guard against attempts to manipulate income to reduce child support. Parents seeking modification should document their circumstances thoroughly and work with experienced Tennessee family lawyer to present a compelling case.
Child When can Child Support Be Changed?
In Tennessee, child support orders are not permanent and can be changed when circumstances warrant a new order. Courts recognize that a parent’s financial situation and a child’s needs may evolve over time, and a substantial change in a parent’s income can be a solid reason for a parent to request a child support modification. However, a parent should seek a modification simply because they are unhappy with the current amount. Rather, the law requires that there must be a legitimate and significant change since date when the original order was entered.
Courts may also consider changes to child support such as the birth of additional children when calculating the child support amount. Additionally, child support award is likely to need a review when there is a significant change in child custody or parenting time to reflect obligation.
Child Support Adjustments Following Income Increases
When a parent’s income increases significantly, child support may be modified to reflect that change. Tennessee’s Child Support Guidelines are based on the principle that children should share the standard of living their parents can provide. Promotions, raises, bonuses, commissions, or a new higher-paying job can all trigger a recalculation of child support, as long as the increase creates a significant variance from the existing order.
Courts may also consider steady or cumulative income increases over time, particularly when an older child support order no longer reflects a parent’s current earning ability. If the recalculated amount under the guidelines differs enough from the current obligation, a court may approve an increase to ensure the child receives appropriate financial support.
Ultimately, courts evaluate whether an increase in support is justified under the Child Support Guidelines and supported by evidence. Parents seeking an upward modification should be prepared to document income changes and explain how increased living expenses affect the child’s financial needs. Working with a child support attorney is crucial.
When Could a Child Support Be Lowered?
A legitimate decrease in income can potentially warrant a request for a lower child support award. However, the burden is on the requesting parent to prove that the decrease is real, substantial, and not self-inflicted. Temporary or minor income fluctuations are usually not enough to be considered a substantial change. Courts will consider circumstances such as involuntary job loss, serious illness, disability, or other unavoidable changes that limit a parent’s permanent ability to earn income.
Tennessee courts are careful to prevent parents from deliberately lowering their income to reduce child support. If a parent chooses to deliberately be working fewer hours, declining available employment, or earning less without a reasonable explanation, the court may find that a parent is willfully underemployed or unemployed. In these cases, the court can impute income by assigning an income level based on the parent’s education, work history, job skills, and earning potential. When income is imputed, child support award is calculated using that assigned amount rather than the parent’s claimed earnings.
Seek Child Support Assistance from J. Ryan Johnson Law
If you are facing a child support issue in Tennessee, speaking with an experienced family law attorney can make a huge difference. A knowledgeable attorney from J. Ryan Johnson Law, a family law firm located in downtown Nashville, can help with your case. We can evaluate your financial circumstances, explain how the state’s Child Support Guidelines apply to your situation, and advocate for an outcome that protects your interests and your child’s well-being. Contact us today to schedule a consultation on your modifying your current child support order.
