Assisting Clients Resolve Complex Child Support Cases
Child support payments can be a contentious issue between parents. In many instances, the non-custodial parent believes the child support order is too high, while the custodial parent argues that it is insufficient to cover the child’s expenses.
Regardless of the issues involved in the case, Tennessee has severe penalties for those parents who do not meet their child support obligations. However, with the help of a skilled attorney, parents can reach a mutual resolution on their child support agreement.
Garner Law Firm, PLLC of Sumner County, has extensive experience assisting clients with their legal needs for child support. We recognize that parents have strong opinions regarding payments and will work to help negotiate a payment that benefits both parties.
Contact our law offices in Hendersonville, TN, and ask to schedule a consultation with an experienced child support attorney who can answer your legal questions.
Who is Obligated to Pay Child Support?
Tennessee family courts are concerned with the well-being of children as their parents are going through a divorce. For this reason, judges will impose a child support order to ensure the child’s financial needs are met.
Some individuals mistakenly believe that only a father is responsible for paying child support. However, under Tennessee law, the judge may order both a mother and father to pay child support payments depending on the circumstances involved.
However, in a majority of cases, the court is aware that the parent who retains primary custody, the custodial parent, bears the burden of expenses. As a result, the non-custodial parent typically pays child support to ensure that both parties contribute financially to the costs of caring for their child.
Therefore, regardless of whether you and your spouse are in the midst of a divorce, or you need to try and modify a pre-existing child support agreement, hiring a child support lawyer like those of Garner Law Firm, PLLC, who can thoroughly evaluate the situation and help you understand your legal options is always best.
How is Child Support Determined?
Tennessee courts use specific guidelines when calculating child support and how much should be paid in each individual case. When the court reviews that data, it does so with the idea that the child should continue to receive the same standard of care should their parents not have divorced.
These guidelines are based on a preset income model which the judge uses by considering several factors, which include:
- Both parents adjusted gross income.
- The number of children who require support.
- The custody or visitation schedule.
Under Tennessee law, the court will take into account any income each parent receives, including their salary, pensions, Social Security, investments, or lottery winnings. The income information is then used to determine the parent’s Basic Child Support Obligation (BSCO).
Other factors the court considers after determining the BSCO include:
- Childcare or daycare expenses
- Medical expenses
- Health insurance costs
- Education costs
- Transportation costs for long-distance visitation.
Even though child education costs are considered in determining child support, neither parent can be legally obligated to pay for their child’s college expenses.
However, it should be noted that parents can create a child support agreement without court involvement. Nevertheless, either parent does have the right to file a petition asking the state to help with child support enforcement at any time.
Can Child Support Payments Be Modified?
Tennessee law dictates that an administrative or judicial court order can only modify a child support order. The following individuals may request a modification of current child support:
- The custodial parent.
- The non-custodial parent.
- Child support agencies.
However, an individual may only request a child support modification when there is a “significant change” in their material circumstances. A significant change in circumstances may include:
- Being laid off from a job.
- An individual changed employers or now works a second job.
- Either parent’s income has increased or decreased.
- The number of children an individual has to care for has changed.
- An individual or their child becomes disabled.
- The child’s custody or visitation schedule has changed.
Individuals may choose to go through their local child support office to try to have their child support agreement amended. However, in most cases, hiring a skilled child support attorney gives individuals the best chance of obtaining a reduction in their payment amount.
If you want more information about how an attorney can help you with a child support case, contact Garner Law Firm, PLLC, of Sumner County to learn how we may be able to assist you.
Can Your Law Office Help Me Obtain Favorable Results For My Child Support Case?
Garner Law Firm, PLLC has a proven record of achieving favorable client results in child support cases. Our legal team can review your case to determine your legal needs. Our law firm also has in-depth experience handling high-income child support cases and those where the other parent has not been compliant with making payments.
Suppose you and your former spouse have previously entered into a voluntary child support agreement but now wish to try to have it modified. In that case, our knowledgeable attorneys can evaluate your case to see if it meets the necessary legal criteria to come before the court.
Our legal team can also assist you in collecting all required legal documents and filing the paperwork with the court. Finally, our child support lawyers will act as your advocate to help you navigate the complex legal process that accompanies child support payments and modifications.
Contact the law offices of Garner Law Firm, PLLC in Hendersonville, TN, at 615-502-4336 and ask to schedule a consultation to discuss your case and learn how we may be able to help.