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How Do I Prove My Child Support Order Must Be Modified?

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Between court fees and attorney’s fees, not to mention the division of your marital assets, the financial hit you may have taken in the aftermath of your divorce proceedings may have been more devastating than you initially anticipated. What’s worse, you may be dealing with personal matters that drive you toward additional financial stressors. All the while, you may have your child support obligation looming over your head. Read on to discover how to prove that your child support order must be modified and how one of the seasoned Clarksville child support lawyers at Fendley and Etson can help with your petition.

How is child support calculated in the state of Tennessee?

When calculating a child support order, the Tennessee family court may walk a fine line between an amount the noncustodial parent can reasonably afford to pay and an amount the child can use to meet their basic needs.

So, the court may consider your gross income. This may be along with the amount of time your child remains under your custody (i.e., your child custody order). It may even go as far as factoring in the other child support obligations you have for your other children from a previous marriage.

At the same time, the court may calculate the average cost of raising a child in your specific county. Plus, it may remain mindful of whether your child has special needs or otherwise has special circumstances that constitute additional support.

How do I argue that my child support order must be modified?

If you ignore your child support obligations, it will eventually catch up to you. Instead, you must handle this situation head-on and effectively argue to the Tennessee family court that your child support order requires modification. Without further ado, it is in your best interest to take the following approach:

  1. You must formally file a post-judgment child support order modification petition with the Tennessee family court.
  2. You must wait for the court to process your petition and schedule a date and time to hear your case.
  3. You must appear in the court’s presence to testify why your child support order must be modified.
  4. You must argue why your former spouse can now handle a greater child support obligation.
  5. You must argue why your child can now handle a lesser child support payment plan.
  6. During these case proceedings, you must continue to meet your currently-standing child support order.
  7. If your petition is granted, you must continue to pay off your past-due payments from your previous order.

You must understand that there are consequences for neglecting this traditional route for modifying your child support order. In conclusion, before it is too late, you must retain the services of one of the competent Clarksville family lawyers. Contact our Fendley and Etson office today.