Family law, more so child support issues, can be a challenging legal issue if not handled well. After all, the cases involve loved ones and agreeing on how to support a child financially after separating or divorcing.
However, child support laws are designed to make it easy to establish a fair payment order that supports the child or children in question. With an experienced Franklin child support lawyer guiding you, it is easy to negotiate a fair child support payment for both of you.
Are you looking to file a child support petition or negotiating one? It is essential you retain the services of a local family law attorney with proper, hands-on experience in handling family law cases.
At Durak Law in Franklin, we are experienced in family law cases and serve Franklin residents by representing and guiding them through the challenges of child support petitions. Call us today at (615) 812-2829 for passionate representation with one of our Franklin family law attorneys.
What is the Legal Basis for Child Support?
Parents have a legal duty to support their children financially. This obligation exists whether the parents are married, legally separated, divorced, or have never been married. Tennessee law, like the laws of other states, recognizes that children are entitled to the financial support of both parents.
This principle ensures that children can have their basic needs met, including food, shelter, education, and healthcare. Consequently, child support is mandatory, and parents are not allowed to waive it.
The foundation of this obligation is embedded in both state and federal law. Under Tennessee Code Annotated (T.C.A.) § 36-5-101, parents are legally required to provide financial support for their minor children.
This duty is enforced regardless of custody arrangements, meaning that even if one parent does not have primary custody of the child, they are still responsible for contributing to the child’s upbringing through financial support until the child’s eighteenth birthday or until they graduate from high school if they do so as a 19-year old (T.C.A. § 34-1-102).
For married couples taking steps to divorce, the issue of child support is discussed and addressed as part of the divorce proceeding.
Unmarried parents are equally obligated to support their children. In cases where the parents were never married, paternity may need to be established before child support can be ordered. This can be done voluntarily if both parents agree on who the biological father is, or it can be established through a paternity test if there is any dispute.
Once paternity is confirmed, the noncustodial parent will be required to pay child support, just as in divorce cases. The child support calculation for unmarried parents follows the same state guidelines for married parents.
For purposes of child support, the parent with primary custody of the child, known as the Primary Residential Parent (P.R.P.) or obligee, receives the child support. The counterpart who is the Alternate Residential Parent (A.R.P.) or obligor pays child support.
What Do Child Support Laws Include?
Child support laws in Tennessee are codified under the Tennessee Code Annotated (T.C.A.) § 36-5-101, which stems from the federal mandate through Title IV-D of the Social Security Act, which is tied to federal funding for public healthcare and welfare.
The law is designed to produce the appropriate amount to support the child, yielding a quality of life as close as possible to their life before separation. However, the court has some latitude in making adjustments on an individual basis.
State-Specific Guidelines and Calculations
The federal mandate through Title IV-D of the Social Security Act requires all states to create standards for establishing the initial child support orders, modifying the orders, and matters related to child support.
Tennessee follows the Income Shares Model in its Child Support Guidelines. To this end, the income of both parents from all sources is included in the calculation of child support.
In Tennessee, parents and lawyers use the Child Support Worksheets to calculate the child support obligations. The worksheet helps parents determine the basic child support obligation (BCSO), which is presumptively the minimum amount needed to support and maintain the child.
Aside from using the Income Shares Model and calculating the BCSO, the guidelines also take into consideration parenting time and additional expenses brought about by child-related costs such as healthcare, childcare, educational, and extracurricular activities.
Using these guidelines and formulas generates a calculation that provides a precise, formula-based amount of child support that is presumed to be fair and in the best interest of the child. With an experienced Franklin child support lawyer, they can ensure that this is a fair amount for both sides.
Factors Influencing Child Support Amounts
While the couple can agree on a child support plan, Tennessee courts will reject any plan where child support is well below the State’s guideline. Tennessee courts use established guidelines to determine how much child support the noncustodial parent should pay.
These guidelines consider various factors, including:
- Both parents’ income level
- The number of children entitled to child support
- The needs of the children, including educational, medical, and extracurricular expenses
- The amount of time the child (or children) spends with each parent
These guidelines aim to ensure that child support amounts are fair and consistent while maintaining the child’s standard of living as close as possible to what they would have experienced if the parents had stayed together.
While Courts in Franklin are required to follow the guidelines strictly, they can deviate in some circumstances. For example, if a child has extraordinary medical or educational needs, or a parent has other children they are legally obligated to support, the court may adjust the support amount accordingly.
What is the Child Support Process?
In some cases, establishing paternity is necessary before the child support proceeding can proceed. If the child was born during wedlock, parentage is presumed. However, if the child was born out of wedlock, paternity is established voluntarily or through legal means where the court orders paternity testing to establish whether a biological relationship exists.
Step #1: Filing for Child Support
Either parent can initiate the child support process by filing a petition with the court or applying for services through the Tennessee Department of Human Services (D.H.S.) Child Support Program. Child support is typically addressed in those proceedings if it is part of a divorce or custody case.
The petition for child support will need to include information about both parents, the child, income levels, and the current custody arrangement. A knowledgeable Franklin child support lawyer can help you with this process.
Some of the information you’ll need during this process includes:
- The noncustodial parent’s information
- Name, address, and Social Security number
- Name and address of current or recent employer
- Names of relatives and friends,
- Names of organizations the noncustodial parent might belong
- Information about the noncustodial parent’s assets (this may include pay slips, bank accounts, tax returns, property holdings, or investments)
- Photograph, if possible, or a physical description
- Birth certificates of children
- Your child support order, separation agreement, or divorce decree, if you have one
- Records of any child support received in the past
- Information about your assets and income
- Information about expenses, including your child’s daycare, health care, or special needs
The court or D.H.S. will review the petition and initiate the process for setting up a child support order.
Step #2: Calculating Child Support
Following the application, the court or D.H.S. will calculate child support using the Income Share Model as mandated by Tennessee’s child support calculation guidelines. This process will involve completing the Child Support Worksheet.
Step #3: Establishing the Child Support Order
After completing the calculation, the court establishes a legally binding child support order and specifies the amount of child support to be paid, the frequency of payments, and how the payment should be delivered (typically through direct deposit, wage garnishment, or other electronic means).
Modification and Adjustment of Child Support Orders
The custodial or noncustodial parent can initiate a review for possible modification at any time. Moreover, The Tennessee Department of Human Services Child Support Program can initiate a modification if they become aware of change in circumstances of either party. However, the changes must be a significant before any adjustments can be made.
Some of the changes in circumstances that may result in child support modification are:
- Either parent gets an additional child for whom the other party is legally responsible.
- Either party experiencing a significant change in income
- Sudden increase of support need for the child – for instance, the child becomes disabled
- A change in the child’s living arrangements
- Job loss or unemployment
The judge will determine whether the change in circumstances should result in a child support order modification.
Enforcing Child Support Orders
The payment parent is legally required to abide by the orders issued by the court. However, not all parents do so. As such, there are mechanism in place for enforcing child support orders and actions that can be taken against non-compliant parents, including:
- Wage garnishment
- Federal and State tax refund interception
- Driver’s and professional license suspension
- Contempt of court charges that result in jail time
The TDHS Child Support Program can assist with enforcing support orders, tracking payments, and taking action if a parent falls behind.
What Are Some Special Considerations in Child Support?
While the original formula takes factors in the amount of time each parent spends with the child, in cases of shared custody, where the child spends roughly 50/50 of the time with either parent, the calculations are adjusted to take into account the difference in earnings. The parent who earns more pays more, ensuring the child enjoys a similar standard of living in both homes.
Dealing with Unemployment or Income Changes
Tennessee child support laws provide for modifying child support orders when there is a huge change in either parent’s income level. A job loss or decreased income may result in one parent finding it challenging to meet the obligation. Consequently, when the variance is significant – at least 15% in change, the affected parent may seek to have the child support orders modified.
Cross-Jurisdictional Issues
There are jurisdictional challenges in managing child support across State or national boundaries. However, there are mechanisms for establishing and managing child support. For interstate cases, if there are no child support orders in place, a parent residing in Franklin can file a petition in Tennessee for child support.
Through the Uniform Interstate Family Support Act (UIFSA), the State where noncustodial parents reside will notify them of the proceedings.
For international cases, the custodial parent might seek help from the Office of Child Support Enforcement (OCSE) to initiate an international child support petition. While international cases are more challenging, they tend to be smooth when dealing with countries with reciprocal agreements or countries under the Hague Convention.
How Does Government Assistance Affect Child Support?
Child Support is typically considered as a form of disqualifying income. This means that a household receiving child support payments may be determined ineligible for some government assistance programs.
Seeking Support Through State Agencies
The Tennessee Department of Human Services administers Child support programs that help parents obtain and enforce child support orders. They help:
- Establish paternity
- Locate a child’s parents to establish paternity or obtain support
- Collection and distribution of payment
- Establishment and enforcement of child support
- Modification of child support orders and much more
What is the Role of a Child Support Attorney?
A Franklin child support lawyer plays a crucial role in advocating for fair support arrangements, guiding clients through legal proceedings, and ensuring the best interests of the child are protected.
Legal Representation and Advocacy
The matter of child support or any family law issues is complex and emotive. A good Franklin child support lawyer helps you with competent legal representation and provides spirited advocacy, ensuring your rights and those of your child are protected.
Navigating Complex Child Support Issues
An experienced Franklin child support lawyer has vast knowledge in dealing with child support issues. They come in handy when dealing with proving hidden income, dealing with self-employed parents, or handling interstate and international child support cases. This ensures your child gets fair support from both parents, regardless of the prevailing circumstance.
Contact an Experienced Franklin Child Support Lawyer Today to Discuss Your Case
Are you looking for a family law attorney in Franklin, Tennessee, who is passionate about helping clients protect their rights and children’s rights? Look no further than Durak Law in Franklin.
We are a team of experienced Franklin child support lawyers. We are here to help you navigate the trying times that come with a divorce, separation, adoption, or any other family law issue. Do not go it alone. Call us today at (615) 812-2829 to schedule a free initial consultation.
