Misty D. Parks Attorney at Law            
P.O. Box 1720 Spring Hill, TN 37174   Initial Consultation Free (615) 255~9155
                        

Child Support

Columbia, TN Child Support Attorney | Child Support Lawyer Franklin, TN

 The Tennessee Child Support Guidelines set out the rules for calculation of child support.  There are many factors that can affect child support.  Each parent’s income, each parent’s days with the child, who carries health insurance, work related child care expenses, etc. are all factors that are used in the Child Support Calculator to compute child support. 

Waiving Child Support:

 Sometimes a parent wishes to waive child support or agree to a certain amount of child support because it is an amount that the parents have agreed to between themselves.  Tennessee Law holds that the right to child support belongs to the child and therefore cannot be waived by either parent or traded for payment of certain bills or financial obligations.  Additionally, every Permanent Parenting Plan providing for the parents’ respective parenting times is required by law to have an attached Child Support Worksheet that establishes child support in accordance with the Tennessee Child Support Guidelines.  It may, however, be possible to legally set a downward deviation in child support or an upward deviation, if it is reasonable and in the best interests of the child.

 Deviation From the Child Support Guidelines:

 It some circumstances it might be necessary to provide for either an upward or downward deviation from the Tennessee Child Support Guidelines or to seek an increase or decrease in what would otherwise be the ordered monthly obligation from the Judge.  A deviation may be appropriate where there are long distance transportation costs, extraordinary extra curricular activity costs, a large disparity in the parent’s incomes and other situations where it would be in the child’s best interest. 

 Voluntarily Underemployed Parent and Imputing Income:

 Just because a parent is either unemployed or employed making little income does not mean that the amount they are actually making is what will be used to calculate their child support obligation.  If they have a higher earning capacity, self-employed, have made more money in the past, are employed only part-time, or are willfully unemployed, an income may be imputed to them.  The burden of proof is on the parent attempting to prove voluntary underemployment and it may be necessary to conduct extensive discovery to obtain the evidence necessary to prove this to the Court. 

 Other Minor Children that You are Responsible for Supporting:

 If there are other minor children that either live in your home or that you are paying support for you will receive credit for this on the Child Support Worksheet and it will appropriately affect your monthly child support obligation.

 

Franklin, TN Child Support Establishment and Enforcement Attorney | Lawyer Experienced in Setting Child Support and Enforcing Child Support in Columbia, TN

 Child Support Enforcement:

You may find yourself in the position that the other parent is not paying their court ordered child support or are only making partial payments.  In such case it may be necessary to retain an attorney to represent your interests in pursuing a Petition for Contempt.  There are two types of contempt Petitions 1) Civil Contempt and 2) Criminal Contempt.  These are two very different types of petitions which carry different burdens of proof, different punishments, and different rights.  You should speak with an experienced child support enforcement attorney such as Misty D. Parks Attorney at Law to discuss the particular details of your situation and to determine which course of action is best in your case.  You may contact Ms. Parks at (615) 255-9155 for a Free Initial Consultation or you may Click Here to leave a message through this website that will be returned promptly.

 Conversely, you may find yourself in the position of defending yourself against a Petition for Contempt either Civil or Criminal, both of which can involve jail time.  Depending on the type of Contempt you are charged with you have different defenses and rights.  You may contact Misty D. Parks at (615) 255-9155 or Click Here to leave a message through this website, if you have been served with a Petition for Contempt to discuss your options. 

 Child Support Modification:

 Generally for child support to be modified there will need to be a “significant variance.”  This has been held to mean that there will need to be either an increase of 15% of the obligation or a decrease of at least 15% of the obligation in order for the Court to modify child support.  Sometimes, it can be necessary to Modify a Permanent Parenting Plan which can then affect the number of days of parenting time each parent has which can in turn modify child support.  Pursuant to Tennessee Permanent Parenting Plans both parents are to exchange financial information each year to keep the other parent apprised of any increase or decrease in income.  If you think you may be entitled to a Modification of Child Support contact Misty D. Parks, at (615) 255-9155 or Click Here to leave a message through this website, who will be happy to speak with you regarding the details of your situation.



 
Serving Clients in throughout Middle Tennessee including the following:  Franklin, TN; Brentwood, TN; Fairview, TN; Williamson County, TN; Maury County, TN; Columbia, TN; Spring Hill, TN; Mt. Pleasant, TN; Marshall County, TN; Lewisburg, TN; Lawrence County, TN; Lawrenceburg, TN; Pulaski, TN; Giles County, TN; Nashville, TN; Davidson County, TN; Rutherford County, TN; Murfreesboro, TN; Smyrna, TN; Montgomery County, TN; Clarksville, TN; Madison, TN; Wilson County, TN; Lebanon, TN; Bedford County, TN; Shelbyville, TN;  and other counties.

By Misty D. Parks