Child support Child support plays a vital role in ensuring children have the financial resources they need for their care and upbringing, even after their parents separate or divorce. However, life can be unpredictable, and unexpected challenges—such as job loss or unforeseen expenses—may make it difficult for some parents to meet their child support obligations. If you’re in Tennessee and struggling to afford your current child support order, it’s important to know that options are available. In the following blog, we will outline the steps you can take, the potential consequences of non-payment, and how the experienced legal team at Conner & Roberts, Pllc can help you navigate and modify your child support agreement.
What Is Considered Child Support in Tennessee?
Child support in Tennessee consists of the financial contributions that a non-custodial parent makes to meet their child's essential needs. This includes expenses for housing, food, education, medical care, and more. The goal is to ensure that children continue to have a stable quality of life despite changes in family structures. Tennessee law emphasizes the best interests of the child, which means both parents share the responsibility for financial support. Payments are generally calculated based on the income of both parents and the child's needs.
How Is Child Support Calculated in Tennessee?
Tennessee uses the Income Shares Model to calculate child support. This method considers the income and financial resources of both parents. Here's an overview of the factors that might influence the amount you’re obligated to pay or receive:
- Gross Income: This includes wages, salaries, commissions, bonuses, self-employment income, and any other sources of money.
- Parenting Time: How much time each parent spends with the child significantly determines child support.
- Health Insurance and Childcare Expenses: Who covers health insurance and childcare costs? These shared expenses are crucial in the calculation.
- Special Needs of the Child: Educational or medical needs that require additional resources can increase the amount.
If you're unsure about how child support is calculated for your specific situation, consulting a knowledgeable attorney is critical to ensure accuracy and fairness.
What Happens If You Can’t Afford Your Child Support Payment?
Struggling to make your child support payments can be overwhelming, but it’s crucial to tackle the issue proactively. Ignoring your obligation can lead to severe legal and financial consequences.
Here are some steps to take if you're struggling to make payments in Tennessee:
- Understand Why You’re Struggling: Take a close look at your finances to understand what’s causing the difficulty. Is it a temporary setback or a long-term issue? This self-assessment will help you plan your next steps.
- Request a Modification: If your financial situation has changed due to job loss, a significant decrease in income, or new financial responsibilities, you may qualify for a modification of your child support order. To request a modification, you’ll need to demonstrate a “significant change in circumstances”—examples include losing your job, experiencing a medical emergency, or having another dependent to support. You’ll need to file a petition with the court to formally request a modification. Having an experienced child support attorney can make the process smoother and increase your chances of success.
- Communicate with Your Co-Parent: While not a substitute for legal action, open communication with your co-parent about your situation can foster understanding. If they agree that a modification is necessary, it might strengthen your case in court.
- Explore Temporary Relief Options: If your difficulty is temporary, such as recovering from an illness or searching for a job, you may be able to negotiate temporary arrangements or payment plans with an attorney.
Are There Consequences for Non-Payment of Child Support in TN?
Yes, failing to pay child support can result in serious legal consequences. Tennessee takes non-payment of child support seriously and has several enforcement measures to ensure compliance.
Some of the potential consequences include:
- Wage Garnishment: Your employer may be required to withhold part of your wages to cover unpaid child support.
- Tax Refund Interception: Federal or state tax refunds may be intercepted and applied toward your outstanding child support balance.
- Suspension of Licenses: The Department of Human Services can suspend your driver’s license, professional licenses, and even recreational licenses.
- Interest Charges: Late payments may accrue interest, increasing the balance you owe.
- Contempt of Court: Non-payment may result in a contempt of court charge, which could lead to fines or even jail time.
If you’re at risk of facing any of these consequences, seeking legal counsel as soon as possible is critical to mitigate the damage and find a practical resolution.
How the Attorneys at Conner & Roberts, Pllc Can Help
At Conner & Roberts, Pllc, we know life is unpredictable, and circumstances change. A child support order from your divorce may not reflect your current reality. We help parents modify orders to match their financial situations. Common reasons for modifications include job loss, income changes, or shifts in your child’s needs. Our attorneys provide sound guidance for navigating these types of significant changes.
You can trust our legal team for:
- Support Beyond Modifications: We offer legal assistance in related matters such as custody modifications, visitation rights, and spousal support adjustments. Our goal is to ensure that any changes to your agreements are fair, practical, and prioritize the best interests of your children.
- Easy and Free Consultation: Navigating the legal system can be overwhelming, but you don't have to face it alone. Working with an experienced child support attorney will give you the confidence and clarity to tackle these challenges.
Affording child support can be stressful, but options exist. Modifying payments or seeking temporary solutions can prevent worse consequences later. We help parents find workable solutions. Call (423) 299-4489 or contact us online to schedule a consultation.