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

Reviewed by Elizabeth Fendley Birch

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 Birch can help with your petition.

The Standard You Have to Meet: Significant Variance

Modification ultimately depends on numerical calculations rather than persuading a judge on whether or not the situation is fair. In accordance with TN Code § 36-5-101(g)(1), the court will decree an increase or decrease in support if it finds a considerable difference between the guidelines and amount currently ordered. Tenn. Comp. R. & Regs. 1240-04-.05-(2)(b) defines this variance as at least a 15% difference between your current obligations and what the guidelines would result in today. For paying parents in the low-income category, § 36-5-101(g) sets the threshold lower, at no more than 7.5%.

Three Rules Worth Knowing Before You File

• Being behind on payments does not bar you: Under § 36-5-101(g)(3), the court shall not refuse to consider modification of future payments because you are in arrears, subject to a limited exception
• A new child counts: Under § 36-5-101(g)(5)(A), the birth or adoption of another child you are legally responsible for and supporting is a substantial and material change of circumstances justifying a review
• Quitting or underworking will not help: Under Rule 1240-02-04-.05(2)(d), a downward modification is unavailable where the obligor is willfully and voluntarily unemployed or underemployed

How Is Child Support Calculated in the State of Tennessee?

To establish child support, Tennessee utilizes the Income Shares Model, and Rule 1240-02-04-.05(1) requires all child support calculations to use this formula. The model works from the combined adjusted gross income of both parents, rather than solely based on the income of the paying parent alone. This combined income figure is applied to the Basic Child Support Obligation schedule, and the resulting amount will be divided between the parents proportionally to each of their shares of the combined income.

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.

It’s important to understand that this schedule is applied statewide, so the calculation will not depend on the average cost of raising a child in your particular county. In addition to the factors listed above, specific expenses like health insurance premiums and work-related child care are included through these guidelines.

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 show what changed between the time the order was entered and when you are seeking the modification, with documentation. Typically, income is the driver, so documentation like tax returns, pay stubs, or termination letters will carry more weight than testimony alone. A change in parenting schedule or a new child whom you are supporting can also impact the calculation
5. You must demonstrate that the recalculation of support in accordance with the guidelines clears the significant variance threshold explained above
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.

What About Future and Extraordinary Expenses?

When you and your spouse file for divorce, it’s important to understand that these expenses will likely change as the child grows up. However, the court will not include unpredictable future expenses in the initial calculations entered. Instead, the practical route is to address these matters when they become real. In the event you and the child’s other parent are able to agree on the changes, you may negotiate the terms and submit them for court approval. In the event you cannot agree, you’ll need to file a formal petition with the court.

Under § 36-5-101(g)(2), the necessity of providing for the health care of the child is a basis for modifying the support order, regardless of whether or not the 15% threshold is met. If the change you are seeking is the result of medical care, you will not be locked out by the variance test.

Costs That Are Not Included in Basic Obligations

You should note that certain expenses, like private schooling or expensive extracurricular offenses, are treated differently. These are not considered part of the basic obligation, so the argument must successfully demonstrate that the costs are necessary to the best interests of the child, or to maintaining the standard of living the child was accustomed to during the marriage.

Contact an Experienced Family Law Firm Today

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 at Fendley & Birch. Our dedicated firm understands how difficult these matters can be, which is why we will do everything in our power to help you and your family fight for the best possible outcome. If you need assistance, do not hesitate to contact our firm today.