Tennessee Child Support Laws

Table of Contents

Quick Summary: Tennessee Child Support

  • Guideline Model: Income Shares Model
  • Minimum Support Order: $100 per month
  • Age of Termination: 18 (or 19 if still in high school)
  • Modification Threshold: 15% change (7.5% for low-income families)
  • Governing Statute: Tennessee Code Annotated Title 36, Chapter 5
  • Agency: Tennessee Department of Human Services (DHS)

How to Apply for Child Support in Tennessee

As in all states, Tennessee Child Support Laws allow any parent, caretaker, or non-custodial parent to apply for support regardless of income.

Under Title IV-D of the Social Security Act, the Tennessee Department of Human Services has the authority to enforce child support and provide related services. To apply for assistance or support, you have two options:

Option 1: Apply for child support online in Tennessee.

To apply online, you must first create a DHS account here, then download the application form.

Apart from this service, the DHS may also assist in the location of the non-custodial parent, child paternity establishment, enforce child support orders, review and modify support orders, and collect child support arrears.

Option 2: Locate local child support offices here and apply in person.

What to remember:

According to the DHS, the more information you provide, the easier it will be to process your application. The most helpful documents you may provide are:

  1. Your full names and the other parent’s last known whereabouts or employer.
  2. A photograph, physical description, names of friends or relatives, or the name of the non-custodial parent.
  3. The child(ren) birth certificate(s).
  4. Social security numbers and as much information as you can provide.

Also:

  • The DHS automatically refers parents receiving TANF or government assistance to local child support offices. Thus, you need not apply for services.
  • Parents who have never received government assistance must pay a $35 annual service fee.

How is Paternity Established in Tennessee?

In Tennessee, the law does not automatically consider the man the father when a child is born to an unmarried couple. You legally become the father after signing the Voluntary Acknowledgement of Paternity form at the hospital or local support offices.

However, when a child is born to a married couple, then the man is automatically the father unless a DNA test proves otherwise.

What to remember:

  • If the parents are unmarried at the time of birth, the mother automatically has custody.
  • You have 60 days to cancel or rescind voluntary acknowledgment of paternity.
  • Either parent may open a case at the local child support office to petition for a paternity test.
  • A Voluntary Acknowledgment of Paternity form is only valid if you sign it in front of a notary public.

How is Child Support Determined in Tennessee?

Tennessee child support laws are based on the Income Shares Model, which considers the number of children and the combined income(s) of both parents. The judge may order you to cover child care expenses such as food, transportation, housing, health insurance, extraordinary educational expenses, medical expenses including dental, and any other relevant expense.

Under Tennessee law, “income” refers to all parental income from all sources, including:

  • Wages, salaries, and commissions
  • Self-employment income
  • Bonuses and tips
  • Pensions and retirement benefits
  • Social Security benefits
  • Unemployment benefits
  • Workers’ compensation
  • Rental income
  • Interest and dividends

Key Provisions of Tennessee Child Support Guidelines

The following provisions apply under current Tennessee child support guidelines:

  • The state of Tennessee uses the Income Shares Model.
  • Gross income includes income from all sources.
  • Incarceration and enlisting in the military are no longer grounds to find a parent voluntarily underemployed, meaning the court will not impute your income in those circumstances.
  • Incarcerated parents have the right to request a modification if the sentence is more than 180 days in jail or prison.
  • The minimum child support order is $100 per month.
  • The courts may use a parent’s criminal records to determine income if no other evidence is available.

How to Calculate Child Support in Tennessee

To calculate child support in Tennessee, follow these steps:

  • Determine the incomes of both parents.
  • Calculate AGI (Adjusted Gross Income): that means making all necessary deductions such as taxes or existing child support orders.
  • Combine the adjusted gross incomes of the parents.
  • Cross-reference the adjusted gross income with the Tennessee Child Support Schedule.
  • Take the monthly basic support obligation and divide it by each parent’s percentage of the combined AGI.

To simplify the process, the DHS provides worksheets and calculators. Access the Tennessee child support calculator or Excel worksheets here. You may also access child support calculation instructions and other useful material here. Or call 1-800-838-6911.

How to Modify Child Support in Tennessee

Tennessee child support guidelines are very specific on what a substantial change in circumstances is. To qualify for an order change, the change must affect the existing order by 15% (increase or decrease). For low-income families, the percentage change required is a 7.5% change between the current order and the modified support amount.

According to the DHS, some valid grounds for modification are disability, a “significant variance” in parental income, emancipation, and additional children. There must be a minimum 15% change between the amount of the existing order and the proposed order.

What to remember:

  • Either parent has the right to request changes.
  • You may request a modification in person at DHS headquarters (in writing) or by calling (615) 313-4880.
  • Criminal activity and incarceration are not valid grounds for support order reduction.
  • Parents may choose administrative modifications to avoid going to court.
  • Both parents must complete an Affidavit of Income and Expense.
  • The courts and DHS both have the authority to conduct support order modifications.

When Can I Ask for Support Order Modification in Tennessee?

Most parents face enforcement action because they failed to act on time. Tennessee child support guidelines allow parents to petition for modification whenever they experience a significant change in material circumstances.

If you lose your job, if your work hours decrease, or if custody or visitation arrangements change, you should contact the local court or DHS for modification before your arrears pile up.

What Happens if You Do Not Pay Child Support in Tennessee?

In Tennessee, the DHS or court can only enforce child support after either parent obtains an order. Once you obtain an order and the other parent refuses to pay, the DHS or court will issue an income withholding order to the delinquent parent’s employer.

If that collection action does not yield the expected results, the DHS may use any of the following collection tools:

  • Seizing of assets and investments held by the delinquent parent.
  • Interception of state, local, or federal tax returns.
  • The DHS through other state agencies may also revoke the delinquent parent’s driver’s, professional, or business license.
  • The DHS may also forward the paying parent’s information to credit bureaus or impose a lien against his or her personal property.

What is the Punishment for Contempt of Court in Tennessee?

Failure to pay child support in Tennessee may also result in civil contempt of court charges or criminal liability. If the judge holds you in contempt, you risk up to ten days in jail or a $50 fine.

However, Tennessee Code 29-9-104 reads, quote: “if the contempt consists in an omission to perform an act which it is yet in the power of the person to perform, the person may be imprisoned until such a person performs it.”

That means the judge can order your imprisonment until you honor your obligation.

Also, non-support in Tennessee is a Class A misdemeanor, and “Flagrant Nonsupport” is a Class E felony. Flagrant nonsupport happens when a parent persistently fails to pay support for six consecutive months or owes more than $1,000 in back child support.

A Class A misdemeanor in Tennessee carries up to eleven months and twenty-nine days in jail or a $2,500 fine. In some cases, both. A Class E felony is punishable by up to six years in prison and a $3,000 fine or both.

When Does Child Support End in Tennessee?

18 is the legal age of emancipation in Tennessee, but that does not mean that your support obligation necessarily ends on your child’s 18th birthday. The parents can agree to extend support through college or university.

Also, payments may continue until the child’s 19th birthday if he or she is still in high school or indefinitely if the child is severely mentally or physically disabled.

Tennessee Emancipation Laws

To apply for emancipation in Tennessee, the minor seeking emancipation or a “next friend” (could be a lawyer or parent) can petition the courts for emancipation.

Also, any minor who gets married or joins the U.S. military becomes fully emancipated. However, the state only issues marriage licenses to minors above 17.

If interested, you can call (800) 372-8346 for further assistance.

Frequently Asked Questions

What is the minimum child support in Tennessee?

The minimum child support order in Tennessee is $100 per month. This minimum applies regardless of the parent’s income level, unless specific exemptions apply.

Can child support be waived in Tennessee?

No, child support cannot be waived by the parents. Child support is considered a right of the child, not the parents. Even if both parents agree to waive support, the court may still order it to protect the child’s best interests.

Does Tennessee consider both parents’ incomes for child support?

Yes. Tennessee uses the Income Shares Model, which considers the combined gross incomes of both parents to determine the total child support obligation. Each parent then pays their proportionate share.

How long does it take to get a child support order in Tennessee?

The timeline varies depending on case complexity. Generally, if paternity is established and both parents cooperate, a support order can be established within 30 to 90 days. Contested cases may take longer.

Can I collect back child support in Tennessee?

Yes. There is no statute of limitations on collecting past-due child support in Tennessee. The DHS can pursue arrears indefinitely, and interest may accrue on unpaid amounts.

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