When a divorce or separation is imminent, it is common for parents to worry about the continued welfare of their children. Many residents find themselves asking, “How is child support calculated in Tennessee?”
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How Child Support Is Calculated in Tennessee
In 2023, an average of 855,179 Tennessee residents were divorced. Out of Tennessee’s 2,889,226 households, around 173,354 were run by male householders and 462,276 were run by female householders.
Typically, the noncustodial parent is the one making child support payments, as it is assumed that the custodial parent is directly supporting their child on a day-to-day basis.
When determining child support, the total cost of supporting the child is divided between the parents in proportion to their actual income.
Courts factor in the estimated monthly cost of raising children, the parents’ combined adjusted gross income, and the number of children covered by the order. Each parent’s share is then calculated according to their percentage of the total combined income.
How Childcare Costs Are Factored In
The costs to raise a child that courts factor in can include:
- Housing
- Food
- Transportation
- Clothing
- Basic school-related costs for a public education, like books and local field trips
Certain other costs can also be factored in. These include costs related to private schooling or money spent on extracurricular activities, such as music lessons or summer camp.
The court will adjust the total based on each parent’s share of the child’s health insurance costs, uninsured medical expenses, and work-related childcare expenses. The final support amount may also be adjusted depending on the amount of parenting time the noncustodial parent has.
How Parental Income Is Factored In
In 2021, there were $20.2 billion paid in cash child support payments in the United States, with the average monthly amount being $441. When determining child support in Tennessee, both parents’ gross incomes must be factored in by the courts. Gross income means all money earned from any source before taxes or deductions. This includes:
- Wages
- Salaries
- Tips
- Commissions, bonuses, and overtime pay. This type of income can vary, so courts average them over time to get a fair monthly figure that can be added to determine gross income.
- Self-employment income. This includes all business earnings minus only ordinary and necessary work expenses.
- Severance pay
- Pensions
- Retirement benefits
- Disability or Social Security benefits
- Unemployment
- Workers’ compensation
- Income from investments
- Income from trusts
- Income from real estate
It also includes gifts or inheritances that provide money or reduce living expenses, prizes, lottery winnings, and alimony received from others.
Child support can be adjusted based on how much parenting time each parent has. Tennessee law assumes the child typically lives mostly with one parent and spends about 80 days a year with the other parent.
If the noncustodial parent spends 92 or more days per year with the child, the law presumes that parent is covering more daily expenses. The court can reduce the parent’s support amount to account for these costs.
FAQs
How Is Child Support Calculated if I Have Other Children From Different Relationships?
If you have another child from a different relationship that you financially support, you can receive credits in your current child support case. If the child does not live with you primarily, you will need to provide the courts with documentation of payments you made for their care. Credits are used to reduce your gross income when courts determine your child support payments. However, stepchildren are excluded from this.
Do Self-Employed Parents Get Deductions When Child Support Is Being Determined?
For self-employed parents, certain deductions are allowed to be factored in when courts calculate adjusted gross income in a child support case. Since self-employed people have to pay both the employee and employer portions of Social Security and Medicare taxes, they can deduct half of that amount from their income when calculating support.
What Happens if My Ex Chooses to Be Unemployed to Avoid Paying Child Support?
If a parent is found to be willingly unemployed or underemployed to avoid paying child support, the court can assign income to them based on their earning potential. The court looks at factors such as employment history, education, job skills, and local job opportunities. A parent’s decision to stay home with children may be considered reasonable and not necessarily treated as underemployment.
What Happens if I Miss Child Support Payments?
If you miss child support payments, there are severe legal penalties. Parents who are over 30 days behind on payments can face court action, including being summoned, having to post a bond, or facing suspension of their driver’s and professional licenses. They may have their tax refund intercepted, liens placed on their property, or their bank account seized. If you’re struggling to meet your payments, hire a child support lawyer to help you request a modification with the court.
Choose a Family Law Firm Trusted by Tennessee Residents – Phillips | Ralston
The seasoned legal team at Phillips | Ralston has decades of experience helping Tennessee residents move forward in life after challenging legal cases. Contact our Sumner County office today to set up your confidential consultation and learn how we can help you. We are passionate about protecting the legal rights of our neighbors and community members when they need it most.
