Child support doesn't automatically change because a parent's income changes. In Tennessee, an existing child support order generally remains in effect until a court approves a modification. Before a judge will change the amount of child support, the legal requirements for a modification must be met.
One of the most important requirements is whether applying Tennessee's Child Support Guidelines results in at least a 15% variance between the current child support order and the newly calculated amount. If that threshold isn't met, a modification may not be available.
What Is the 15% Variance Rule?
Tennessee uses Child Support Guidelines to determine how much support should be paid. When someone asks the court to modify an existing child support order, those same guidelines are used to calculate what the payment would be based on the parties' current financial circumstances.
If the new calculation is at least 15% higher or lower than the current child support order, the court may have grounds to modify support. The 15% variance doesn't automatically guarantee that child support will change, but it is one of the primary legal requirements in many modification cases.
How Does Tennessee Calculate Child Support?
Unlike some financial issues in a divorce, child support isn't negotiated based on what one parent believes is fair. Tennessee law requires child support to be calculated using statewide guidelines that consider several factors, including each parent's gross income.
The calculation may also take into account parenting time, health insurance premiums for the child, work-related childcare expenses, and other information required under the Child Support Guidelines. Using accurate financial information is critical because even small income differences can affect the final calculation.
What Counts as Gross Income?
Many parents assume gross income only means their regular paycheck. Under Tennessee's Child Support Guidelines, gross income can include many different sources of income depending on the circumstances.
Gross income may include:
- Wages and salary.
- Overtime pay.
- Bonuses.
- Commissions.
- Self-employment income.
- Rental income.
- Retirement or pension benefits.
- Unemployment benefits.
- Certain disability benefits.
- Interest, dividends, or other investment income.
Some situations are more complicated than others. Business owners, self-employed individuals, and parents with multiple income sources often require a closer review to determine what income should be included in the calculation.
Does Losing Your Job Automatically Change Child Support?
No. Losing your job or experiencing a reduction in income doesn't automatically lower your child support obligation. Until the court approves a modification, the existing child support order generally remains enforceable.
If your financial circumstances have changed significantly, it's usually best to speak with an attorney as soon as possible. Waiting too long to request a modification may allow unpaid child support to continue accumulating under the current order.
Can Child Support Be Increased?
Yes. Child support modifications aren't limited to reducing payments. If a parent's income increases, parenting time changes, or other circumstances affect the guideline calculation, child support may increase instead.
The same legal process applies whether someone is requesting an increase or a decrease. The court reviews the current financial information and determines whether the requirements for a modification have been met.
Why Accurate Income Information Matters
Every child support modification begins with accurate financial information. If income is incomplete or incorrectly reported, the child support calculation may not reflect what Tennessee law actually requires.
Whether you're requesting a modification or responding to one, gathering complete income information before filing can help avoid unnecessary delays and ensure the court has the information it needs to make a decision.
Questions About Child Support?
Child support modifications can become complicated, especially when income has changed, a parent is self-employed, or there are disagreements about what should be included in the calculation. Understanding how Tennessee's Child Support Guidelines apply to your situation is an important first step.
The Law Offices of Amanda J. Gentry represents clients throughout Middle Tennessee in child support, divorce, custody, and other family law matters. If you have questions about modifying child support or another family law issue, contact our team to schedule a consultation.
