Franklin Child Support Modification Attorney
In a divorce where children are involved, child support can become a huge battle. In Tennessee, it is required until the child turns 18 or graduates from high school—whichever happens later. Some parents refuse to pay it, leaving custodial parents fending for themselves. Not having financial support from the other parent can be difficult. It makes the custodial parent feel as if they are caring for the child on their own, which can lead to a lot of bitterness and resentment.
In an ideal world, both parents would be equal partners in their children’s care. Sadly, this is not always the case. There are some situations in which parents truly want to pay child support but cannot do so due to a lack of income. They may have lost their job or become disabled. On the flip side, there are also situations in which the paying party has seen their income increase dramatically.
In these cases, the court may agree to a child support modification. A modification allows for a change in financial circumstances. Monthly payments may go up or down, depending on the situation. Our Franklin child support modification attorneys can guide you through the Tennessee courts to obtain a modification.
What Conditions Qualify for Modification?
A parent may ask for a child support modification under the following circumstances:
- One parent has a significant change in income—either an increase or a decrease— due to a change in employment, job loss, lottery winnings, inheritance, or other source.
- The child has become disabled and has been diagnosed with some chronic medical condition.
- There is a change in the number of children that one parent is financially supporting. For example, a child could become an adult or be emancipated or deceased. There could also be additions, such as if a parent remarried into a blended family or had more biological children.
Changes in Income
One of the main reasons to request a modification is due to a change in income. Tennessee uses an income shares model, in which the incomes of both parties are considered. In order for a change in income to meet state guidelines, there needs to be a minimum of a 15% difference (7.5% for a low income provider) between the amount of the existing order and the amount of the proposed order.
Both parents will be required to complete an Affidavit of Income and Expenses. Once returned to the child support office, the income information will be reviewed to determine if a modification is appropriate based on state guidelines. The review may be conducted by the court, Department of Human Services, or a local child support office.
Contact Us Today
While child support is necessary to ensure children get their needs financially taken care of, sometimes parents cannot afford to pay it for various reasons. In these cases, a modification is necessary.
The law firm of Beal | Crutcher can help you file a modification for child support. We understand the laws and processes involved. Schedule a consultation today by calling our office at (615) 861-2304.
