Regardless of which side of the fence you’re on, a child support order can have a tremendous impact on your life. If you’re a custodial parent, the amount of support you receive can shape the life you’re able to build for your child and mold what their overall upbringing will look like. If you’re the paying parent, then the child support obligation can define your financially stability over a significant period of time.
While the court in your case, or the parties through negotiation, will try to land on a child support amount that’s fair, affordable and in the best interests of the child, that initial order may not hold up over time. Circumstances can change considerably, which can leave you wondering when you’re justified in seeking a child support modification. We hope to provide some guidance on that issue here.
When can child support be modified in Tennessee?
Pursuant to Tennessee law, a child support order can be modified when there’s been a significant change in circumstances. But how can you tell if a change in circumstances is significant enough to warrant child support modification? Here are some issues that could be in play in your case and justify a modification request:
- Change in income: A significant change in income is one primary justification to seek child support modification. Many courts use a variance test to determine if the change is worthy of a modification, whereby the judge analyzes the parents’ income to see if there’s been at least a 15% change. If you’re a low-income household, then a 7.5% change may be enough to justify modification. Keep in mind, too, that this change can be an increase or a decrease in income. If one parent’s income has decreased significantly due to job loss or unemployment, then that circumstance must be involuntary to be considered for modification purposes.
- Change in needs: If the child’s needs change, then a modification of support could be warranted. For example, if your child develops a medical condition that requires ongoing treatment, or if they need tutoring due to academic struggles, then there are going to be additional costs that need to be covered. A modification of child support may help offset those expenses and ensure that each parent helps meet the child’s needs.
- The noncustodial parent becomes incarcerated: Incarceration disallows a parent from earning an income. Therefore, if a noncustodial parent becomes incarcerated, they may be able to modify the support order to temporarily stop payments.
- Remarriage: If the custodial parent remarries and has additional financial support from that spouse, then there may be an argument for decreasing the amount of child support being paid. On the flip side, a noncustodial parent who remarries and has access to greater financial support may be capable of paying more in support, thus warranting a modification request.
- Chances in parenting time: Increases and decreases in parenting time can impact how much support a noncustodial parent pays in support. So, think through your circumstances to see if they’ve changed enough to justify a request to modify.
Confidently navigate your child support modification request
Child support cases can quickly become messy, sometimes devolving into parents lobbing personal attacks at one another. Don’t lose focus on what you need out of your child support case, though. Instead, craft compelling arguments based on the law that seek to protect your financial stability and your child’s best interests. Hopefully then you can secure a fair outcome that’s right for you and your child.