Tennessee Child Support

Calculate and Collect Your Child Support

Get the right child support for your state now. Child Support is an important part of your monthly budget. Shouldn't you be sure the amount is correct? Calculate what your support should be OR calculate the arrears owed to you.

Click Here to Calculate Your Child Support Now

Tennessee child support is based upon Federal guidelines that must be adhered to by all states. The Federal Government mandates that the states implement specific laws regarding support enforcement and collection and basic support or lose Federal aid. Every state has complied with these mandates.

The Tennessee child support guidelines require that a set percentage of the non-custodial parent's income be paid to the child's other parent as child support. To calculate Tennessee child support under the guidelines, you must first determine the support payor’s gross income. Gross income for child support purposes includes all income from any source (before taxes and other deductions), whether earned or unearned, such as wages, salaries, commissions, bonuses, overtime payments, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, workers' compensation benefits, gifts, prizes, lottery winnings, alimony or maintenance, and income from self-employment.

After the support payor’s gross income is calculated, the Court will determine his or her net income. Net income for purposes of the Tennessee child support guidelines is calculated by subtracting from gross income (1) social security (FICA) payments, (2) the amount of withholding tax deducted for a single wage earner claiming one withholding allowance, and (3) the amount of child support ordered pursuant to a previous order of child support for the obligor's other children, if any. After determining net income, the Court will determine if the support payor is entitled to any credits, such as a credit for other children living in the home for whom the support payor is legally responsible.

The final step in calculating child support under the Tennessee child support guidelines is to multiply the net income by the appropriate child support percentage which is based upon the number of children to be supported. For one child the percentage is 21%, for two children the percentage is 32%, for three children the percentage is 41%, for four children the percentage is 46% and for five or more children, the percentage is 50%. If the support payor is not providing health insurance for the children, an amount equal to the amount necessary for the other parent to obtain such insurance will be added to the child support.

The amount arrived at under the guidelines is presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of the case. The Court will consider several factors in determining the correct amount for support. The Court will examine the financial resources, age, physical and emotional conditions and educational needs of the child as well as the earning capacity, financial resources, needs and obligations, and any pension or retirement benefits of the parents. The Court will also consider the monetary and non-monetary contributions of each parent to the well-being of the child as well as the standard of living the child would have enjoyed if the marriage had not been dissolved. The Court will also determine the appropriate child support award after reviewing any other relevant factors including whether the non-custodial parent's visitation is over 110 days per year or under 55 days per year.

You should send your payment to whomever is specified in the child support order. Since January, 1994, support orders must include a provision for wage withholding unless both parents and the courts agree on another payment method. If your order does not call for wage withholding, you can request this service. If you do, you will have a record that you have made payments as required. If you are self-employed, you may be able to arrange for an automatic transfer of funds to the child support agency through electronic funds transfer. Either parent can apply for CSE services, which include receiving and distributing payments.

Once a Tennessee child support order has been issued, it is subject to enforcement. If support payments are not made as directed in the Order, a petition for contempt of court may be brought with the local court. Penalties for contempt motions include the imposition of a wage assignment or jail.

A parent cannot avoid paying child support arrears. In Tennessee, unpaid child support immediately becomes a judgment. Tennessee law does not allow a reduction in child support arrears.

Tennessee child support orders can be modified if the party seeking the increase can show that there has been a significant variance in the amount of child support due based on the obligor's income. Child support can also be decreased. As with increased modifications of child support, the party seeking the downward modification must show that there has been a significant variance downward.

Child support in Tennessee must be paid until the child reaches age 18 or graduates from high school with his or her regularly scheduled class, whichever comes second. However, child support could end earlier if the child becomes emancipated (gets married or quits school and gets a job). Child support may continue after a child goes to college if the parents agree or if the child suffers from a severe medical condition or is handicapped. Otherwise, the court cannot award support past the age of majority.