Tennessee Child Support Laws: Guidelines and Calculations

Quick Summary: Tennessee Child Support

• Guideline Model: Income Shares Model
• Minimum Support Order: $100 per month
• Age of Termination: 18, or when the child's high school class graduates (whichever is later)
• Disability Extension: Up to age 21 (no age limit for severely disabled children)
• 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)

Tennessee child support laws require both parents to contribute financially to the upbringing of their children. The state follows the Income Shares Model, which estimates how much parents would have spent on their children if the family remained intact. A court or the Tennessee Department of Human Services then divides that obligation between both parents based on their respective incomes.

The laws governing child support in Tennessee are found primarily in TCA Title 36, Chapter 5, along with the administrative rules in Tennessee Comp. R. & Regs. 1240-02-04, which were most recently revised effective October 1, 2021.

How to Apply for Child Support in Tennessee

Any parent, caretaker, or guardian may apply for child support services through the Tennessee Department of Human Services, regardless of income level. Under Title IV-D of the Social Security Act, the Tennessee DHS has the authority to establish, enforce, and modify child support orders.

Option 1: Apply for child support online through the Tennessee DHS portal. You will need to create a DHS account and download the application form (HS-2912).

Option 2: Locate your nearest child support office and apply in person.

Beyond establishing a support order, the DHS can also help locate the non-custodial parent, establish paternity, enforce existing orders, review and modify orders, and collect child support arrears.

Documents You Should Provide

The DHS recommends providing as much information as possible to speed up your application. Helpful documents include:

• Your full name and the other parent's last known address or employer
• A photograph, physical description, or names of friends and relatives of the non-custodial parent
• The child's birth certificate
• Social Security numbers for all parties
• Any existing court orders related to custody or support

Important Notes About Applying

• Parents receiving TANF or government assistance are automatically referred to local child support offices. You do not need to apply separately.
• Parents who have never received government assistance must pay a $35 annual service fee.
• You can reach the DHS Child Support Division at 1-800-838-6911.

How is Paternity Established in Tennessee?

When a child is born to a married couple in Tennessee, the husband is automatically presumed to be the father under TCA 36-2-304. This presumption stands unless a DNA test proves otherwise.

For unmarried parents, the law does not automatically recognize the man as the father. Paternity must be legally established through one of these methods:

• Voluntary Acknowledgment of Paternity (VAP): Both parents sign the VAP form at the hospital after the child's birth or at a local child support office. The form must be signed before a notary public to be valid.
• Court-Ordered Paternity Test: Either parent can open a case at the local child support office to petition for genetic testing.

Rescinding a Voluntary Acknowledgment

Under TCA 24-7-113, a parent has 60 days from the date of the last notarized signature to rescind (cancel) a Voluntary Acknowledgment of Paternity. The rescission form must be filed with the Tennessee Office of Vital Records by the 60th day, along with a $15 fee.

After the 60-day window closes, the VAP can only be challenged in court within five years of its execution, and only on the grounds of fraud, duress, or material mistake of fact.

Key points about paternity in Tennessee:

• If the parents are unmarried at the time of birth, the mother automatically has custody.
• Establishing paternity gives the father legal rights, including the ability to seek custody or visitation.
• Paternity establishment also creates the legal obligation to pay child support.

How is Child Support Calculated in Tennessee?

Tennessee uses the Income Shares Model for calculating child support. This model considers the combined income of both parents and the number of children requiring support. The goal is to ensure children receive the same proportion of parental income they would have received if the family lived together.

Under the Tennessee Child Support Guidelines (Tenn. Comp. R. & Regs. 1240-02-04), "income" includes earnings from all sources:

• Wages, salaries, and commissions
• Self-employment income
• Bonuses and tips
• Pensions and retirement benefits
• Social Security benefits
• Unemployment and workers' compensation benefits
• Rental income
• Interest, dividends, and investment income
• Severance pay
• Trust income

Step-by-Step Calculation Process

The basic process for calculating child support in Tennessee works as follows:

1. Determine each parent's gross income from all sources listed above.
2. Calculate Adjusted Gross Income (AGI) by subtracting allowable deductions such as taxes, pre-existing child support orders, and certain credits.
3. Combine the AGI of both parents to get the Combined Adjusted Gross Income.
4. Look up the Basic Child Support Obligation (BCSO) using the Tennessee Child Support Schedule, which provides amounts based on combined AGI and number of children.
5. Divide the BCSO between parents in proportion to each parent's share of the combined AGI.
6. Apply adjustments for parenting time credits, health insurance premiums, work-related childcare costs, and extraordinary expenses.

The DHS provides free worksheets and an online calculator. Access the Tennessee child support calculator here. You can also find training materials and detailed instructions here.

Key Provisions of the Guidelines

The following provisions are important to understand under current Tennessee child support law:

• The minimum child support order is $100 per month.
• When combined AGI falls between amounts on the Child Support Schedule, the figure is rounded up to the next income level.
• The court may impute income to a parent who is voluntarily unemployed or underemployed. However, incarceration and military enlistment are not grounds for imputing income.
• Incarcerated parents serving sentences of more than 180 days may request a modification of their support order.
• Courts may use a parent's criminal records or prior employment history to determine earning capacity when no other evidence is available.
• Health insurance costs paid by a parent for the child are factored into the calculation as an additional expense.

How to Modify Child Support in Tennessee

Tennessee law allows either parent to request a modification of an existing child support order when there has been a significant change in circumstances. Under Tenn. Comp. R. & Regs. 1240-02-04-.05, a "significant variance" is defined as:

• At least a 15% difference between the current order and the amount calculated under updated circumstances.
• At least a 7.5% difference if the obligor is a low-income provider.

Valid Grounds for Modification

Common reasons that may support a modification include:

• A significant increase or decrease in either parent's income
• Loss of employment or reduction in work hours
• Disability of a parent
• A change in custody or parenting time arrangements
• Emancipation of a child covered by the order
• The birth of additional children
• Changes in health insurance costs or childcare expenses

How to Request a Modification

You can request a modification through:

• The DHS: Contact the Review and Adjustment unit or call (615) 313-4880.
• The Court: File a petition for modification with the court that issued the original order.

Both parents must complete an Affidavit of Income and Expense during the modification process. Parents may also choose an administrative modification through the DHS to avoid going to court.

If a court action is filed, any modification can be made retroactive to the date the petition was filed. This is why it is important to act quickly if your circumstances change, rather than waiting for arrears to accumulate.

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

Tennessee takes child support enforcement seriously. Once a court order is in place, the DHS or court can use several tools to collect unpaid support.

Administrative Enforcement Actions

The DHS may pursue any of the following collection methods:

• Income withholding orders sent directly to the non-paying parent's employer
• Seizure of bank accounts, investments, and other financial assets
• Interception of federal, state, and local tax refunds
• Revocation of driver's licenses, professional licenses, and business licenses through cooperation with other state agencies
• Reporting to credit bureaus, which damages the delinquent parent's credit score
• Liens against real and personal property
• Passport denial for parents who owe more than $2,500 in arrears (a federal enforcement tool)

Civil Contempt of Court

A parent who violates a child support order may be held in civil contempt of court. Under TCA 29-9-104, if the contempt consists of a failure to perform an act that the person still has the power to perform, the court may order imprisonment until the parent complies with the order.

Criminal contempt carries a penalty of up to 10 days in jail and a $50 fine per violation.

Criminal Charges: Nonsupport and Flagrant Nonsupport

Beyond contempt, Tennessee imposes criminal penalties for failure to pay child support under TCA 39-15-101:

• Nonsupport is a Class A misdemeanor. A parent commits nonsupport by knowingly failing to provide support they are able to provide. Penalties include up to 11 months and 29 days in jail, a fine of up to $2,500, or both.
• Flagrant nonsupport is a Class E felony. A parent commits flagrant nonsupport by leaving or remaining outside the state to avoid a support obligation, or by committing a subsequent nonsupport offense after a prior conviction. Penalties include 1 to 6 years in prison and a fine of up to $5,000.

When Does Child Support End in Tennessee?

Under TCA 36-5-101, child support in Tennessee generally ends when the child turns 18 or when the child's high school graduating class graduates, whichever occurs later. This means:

• If a child turns 18 in February but their class does not graduate until May, support continues through graduation.
• If a child graduates early but has not yet turned 18, support continues until the child's 18th birthday.

Exceptions to Termination

• Disabled children: The court may extend support up to age 21 for a child who is handicapped or disabled as defined by the Americans with Disabilities Act.
• Severely disabled children: If the child is severely disabled and living under the care and supervision of a parent, and the court determines it is in the child's best interest and the obligor can afford to pay, there is no age limitation on the support obligation.
• Agreement between parents: Parents can agree to extend support beyond the standard termination age, such as through college or university.
• Back support: There is no statute of limitations on collecting past-due child support arrears in Tennessee. The DHS can pursue unpaid amounts indefinitely.

Tennessee Emancipation

A minor may petition the court for emancipation in Tennessee, either directly or through a "next friend" such as a parent or attorney. Additionally, any minor who gets married or joins the U.S. military becomes fully emancipated. Tennessee issues marriage licenses only to individuals aged 17 and older.

For questions about emancipation, contact the Tennessee Bar Association referral service at (800) 372-8346.

Recent Changes to Tennessee Family Law (2024-2025)

Several recent legislative changes affect child support and related family law matters in Tennessee:

• Public Chapter 321 (HB0492), effective May 2, 2025: Amends TCA 36-6-106 to require courts to consider any failure to pay court-ordered child support when making custody determinations. Previously, only nonpayment for three or more years was considered. This change gives courts broader discretion to weigh child support compliance in custody decisions.
• Public Chapter 265 (SB0943), effective July 1, 2025: Amends aspects of custody law regarding parenting plans and supervised visitation.
• Token Child Support Clarification, effective July 1, 2024: If the amount of child support paid falls below the minimum order under the guidelines based on the parent's income, the support amount is presumed to be a "token" amount, which carries specific legal implications for custody and visitation proceedings.

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