Best Child Support Lawyers in Tennessee

About Child Support Law in Tennessee, United States

Child support law in Tennessee is designed to ensure that children receive adequate financial support from both parents, regardless of whether the parents are divorced, separated, or never married. The purpose of child support is to provide for the everyday needs of the child, including housing, food, clothing, health care, education, and other essentials. Tennessee uses specific guidelines to determine the appropriate amount of child support and enforces strict regulations to ensure that payments are made consistently and fairly.

Why You May Need a Lawyer

Navigating child support cases in Tennessee can be complicated, especially when emotions run high or financial circumstances change. Here are common scenarios where legal assistance is beneficial:

• Disagreements regarding the amount or duration of child support payments
• Difficulty establishing paternity or parental rights
• Seeking to modify an existing child support order due to job loss, relocation, or other life changes
• Non-payment or late payment of child support by one parent
• Questions about medical insurance, uncovered medical expenses, or extraordinary expenses
• Enforcement actions, such as wage garnishment or license suspension
• Understanding your rights if you are served with a child support case or ordered to attend court

Hiring a lawyer can help you understand your rights, accurately calculate support, ensure proper court filings, and represent your interests effectively in negotiations or court hearings.

Local Laws Overview

Tennessee’s child support laws are primarily set out in Title 36 of the Tennessee Code and detailed in the state’s Child Support Guidelines. Key points include:

• Income Shares Model: Tennessee uses this model to calculate support, which considers the income of both parents and the number of children, aiming to provide support similar to what the child would have received if the parents lived together.
• Parenting Time: The amount of time each parent spends with the child (overnights) can affect the final support amount.
• Mandatory Health Insurance: At least one parent is usually required to provide health insurance for the child, and unreimbursed medical expenses are generally split between the parents.
• Modification: Child support orders can be changed if there is a significant change in circumstances, such as job loss, increase in income, or change in custody.
• Enforcement: Non-payment can result in wage garnishment, interception of tax refunds, suspension of licenses, or even jail time in serious cases.
• Duration: Support typically lasts until the child turns 18 or graduates from high school, whichever comes later, though it could be extended for children with disabilities.
• Retroactive Support: In certain cases, courts can order support for time periods before the order was officially established.

Every case is unique, and understanding the detailed guidelines is crucial for both custodial and non-custodial parents.

Frequently Asked Questions

How is child support calculated in Tennessee?

Child support is determined using the Tennessee Child Support Guidelines. The calculation considers both parents’ incomes, the number of children, parenting time, and certain other expenses like health insurance and daycare. The state provides a worksheet to help estimate amounts, but courts have the final say.

What happens if the other parent stops paying child support?

If a parent fails to pay, the state can enforce payments through methods such as wage garnishment, interception of tax refunds, suspension of driver’s or professional licenses, and in some cases, jail time. The parent owed support can also file a motion for contempt in court.

Can child support be modified?

Yes, support orders can be changed if there is a significant change in circumstances, such as a change in income, job loss, or changes in custody or parenting time. A written request must be made to the court or the Child Support Office.

Does child support cover college expenses?

In Tennessee, child support is generally not required to cover college or post-secondary expenses unless parents specifically agree otherwise in a divorce settlement or parenting plan.

What if I am not sure I am the child’s parent?

If paternity is in question, a parent can request genetic testing. Establishing paternity legally determines parental rights and obligations, including the duty to pay child support.

What expenses does child support cover?

Child support is designed to cover basic needs, including food, housing, clothing, educational supplies, and a portion of medical and childcare expenses. Some extraordinary expenses may require additional court orders.

How is child support paid in Tennessee?

Payments are usually made through the Tennessee Child Support Payment system, often by payroll deduction. This ensures reliable records and consistent payments.

Can I avoid child support if I give up my parental rights?

Generally, you cannot avoid support obligations unless the court has approved a legal termination of parental rights and another person has adopted the child, assuming the support obligation.

What if the other parent lives in another state?

Tennessee can still enforce child support orders across state lines using federal and interstate child support enforcement laws. Payments must still be made even if one parent moves away.

How long does child support last?

Support usually continues until the child turns 18 or graduates from high school, whichever is later. For children with special needs, support may be extended beyond these ages.

Additional Resources

There are several resources available in Tennessee for those seeking help with child support:

• Tennessee Department of Human Services, Child Support Division - Offers case management, enforcement, and information services.
• Local Clerk of Court Offices - Assist with filing and status of cases.
• Legal Aid Society of Middle Tennessee and the Cumberlands - Provides free or reduced-fee legal assistance to eligible individuals.
• Tennessee Bar Association - Offers lawyer referrals and informational resources.
• Self-Help Centers or Family Resource Centers - Provide guidance and forms for pro se litigants handling their own child support matters.

Next Steps

If you need legal assistance with child support in Tennessee, it is important to begin by gathering all relevant documents, such as income statements, previous court orders, and information about your child’s expenses. You should then contact a qualified family law attorney or a local legal aid organization. They can help you understand your rights, explain what to expect during the process, and represent you in negotiations or court hearings. If you are unsure about hiring a lawyer, consider attending a free legal clinic or consulting with a family resource center for guidance. Acting quickly and staying informed will help protect your interests and your child's well-being.