In our last post, we discussed the methods of the TN Child Support Calculator, and how to calculate the optimum amount for payment in Tennessee? The separation of parents is an unstoppable act in the universe. No human being has control over it. Where Tennessee Child Support Calculator work and helps in the improved lifestyle of children. 

In the State of Tennessee court decides the final amount paid by each parent using Tennessee Child Support worksheets. Tennessee Child Support Guidelines are recently updated in the last year 2022. The standard Tennessee Child Support Calculator is detailed below for a better understanding of separating parents.

How does the Tennessee Child Support Calculator 2022 work?

A parent who stays with the kids is entitled to receive the amount of Child Support and while in the court of law that parent is termed as “Primary Residential Parent. Another parent who pays the amount as per  Tennessee Child Support Calculator is called an Alternative Residential Parent. It is all decided based on spending time with Kid. 

The amount payable should not be lower than the amount prescribed under Tennessee child support guidelines and should not be denied by the parent of the child. Before moving toward court proceedings, parents can check the estimated amount using Tennessee Child Support Calculator. Every state of America has a different Child support calculator with the same basics and objectives. 

But there could be scenarios where both parents have equal spending hours with their child or children, as per the orders of the court, in such cases there may be no Child support payable yet there are sporadic cases of this scenario, hence we use TN Child Support Calculator to determine the average child support.

What is the Tennessee child support worksheet?

The Tennessee Child support worksheet is a reference tool preferred by the court to estimate the basic child support amount obligation by each parent based upon their adjusted gross income. It has all the sources of parent income with exclusions and inclusions to check the Child support amount as per the TN Child Support Calculator.

How do they calculate Child Support in Tennessee?

The Income Share model is applicable in Tennessee for Child Support to determine the estimated obligation to pay. The Combined gross adjusted income and Number of Children are two main sources to derive the final amount. Gone are the days when simple percentage formulas were used to work for the calculation of child support. 

The TN Child Support Calculator follows the Income Shares Model to determine the amount of average child support according to “Tennessee’s child support guidelines”. It is calculated based upon the following factors while keeping in mind the latest amended guidelines as amended on 21st October 2021.

1.       Total amount of Gross total income of each parent which includes:

i)        Salary

ii)       Wages

iii)   Retirement Plan

iv)  Compensation

v)      Pensions

vi) Any alimony amount from Previous Marriage

vii) Gifts

viii) Social security Funds

ix)   Unemployment Benefit if any

x)      Capital Gains

2.      Gross Income is Subject to excluding the following items:

i)        Health Insurance of Child

ii)       If any income from the Child

iii)   Public Assistance Benefits

iv)   Other Child Support Payment from Previous marriage

v)      Food Stamps

3.   Once the Adjusted Net income of each is derived, To Calculate Basic Child Support Obligation (BCSO) both incomes shall be combined and the Average percentage of income shall be assigned to each parent based on the factors mentioned in “Tennessee’s child support guidelines”.

How much is child support per child in TN?

For better understanding according to amended support guidelines 2021, let’s understand it with the following situation: “Each Parent is under obligation to contribute proportionate AGI (Adjusted Gross Income) here if, Mother of a Child has an income of $2400 and Father has AGI of $5300 their combine AGI would be $7700

If they have 2 children the Basic child support obligation would be $2000 monthly for $7700 where Mother would be contributing 31% and Father would be under obligation to pay 69% so, the final amount derived would be:

Mother- $620

Father- $1380.

1.   In addition to the basic child support amount the other essential expenses of work-related child care, payment regarding any disability in a child will be proportionally divided between both the parents, then finally each parent’s time spent with a child is calculated to arrive at the Child support obligation paid by “Alternative Residential Parent” (ARP) to “Primary Residential Parent” (PRP), Here, recent amendment in Tennessee Child support worksheet 2020 the Term “Mother” and “Father” has been replaced with the Term “Parent 1” and “Parent 2” for considering same-sex parents.

2.     The worksheets provided under the guidelines assist the court to determine whether the committed amount is appropriate for the child’s well-being or not, Judged has the power to modify the obligatory amount if they find it inappropriate since these calculations are more complex when they involve calculation of parenting time between Alternative Residential Parent and Primary Residential Parent.

Note: Recently amended guidelines are subject to effectively applicable on all judgments delivered after 21st October 2021 or the cases ongoing, since it is in the court’s hands to consider any special circumstances that may vary from family to family.

What is the maximum amount of child support in Tennessee?

The Tennessee Child Support Calculator computes the amount of child support as per the number of children considering the percentage of the adjusted gross income of each parent which has a limit of Child support payment if the adjusted gross income of the parent is $10,000 or more every month.

Before consideration of any kind of special circumstances the TN Child support calculator initially must be determined as per Tennessee child support guidelines referring to the Tennessee child support worksheet for upper-limit of Child support amount.

The Tennessee child support worksheets provide the upper limit on maximum pay-out of child support as per Tennessee child support guidelines has provided the following figures to be contributed by the parents earning more than $10,000 as calculated after adjustments:

Number of ChildrenChild Support
One Child$2,100 monthly
Two Children$3,200 monthly
Three Children$4,100 monthly
Four Children$4,600 monthly
Five or more Children$5,000 monthly

The Tennessee Child Support worksheet can be challenged by the Primary Residential Parent if he/she is being able to prove in the court of law that the upper limit provided under the Tennessee child support guidelines is not sufficient for the welfare of the child.

Primary Residential Parents can establish multiple grounds to argue in the court of law for a justified amount of Child support which may vary from the Tennessee Child Support worksheet, for eg: Travelling abroad for studies.

Changes in the amount of Child Support Obligation

The court has the power to make changes in the obligatory amount determined as per the TN Child Support Calculator based upon the circumstances where the parent is no longer able to make full payment of child support or has an income hike where he/she is willing to contribute more for their children. Therefore court of law has the power to increase or decrease the amount of child obligation considering the unexpected life events.

To apply for modification in Child Support obligation there must be at least a 15% change in the amount of adjusted gross income of the parent as per the “Tennessee child support guidelines”.

In certain cases where the parent is under any criminal proceedings may also apply for the modification in the Child support payment amount which is considered as per the TN Child Support Calculator.

Termination of Child Support Obligation

The obligation to pay Child Support Obligation in Tennessee lasts up to the graduation of a child or till the age of 21. Once all children of a parent complete their graduation the pressure of Child Support lapses. In case kids are not continuing their studies then up to the age of 21.

If any arrear in past is due after the Termination of payment of child support the Non- custodial parent is still under obligation to clear the dues even after the termination of the obligation period as per the court of law.

References

  1. https://heinonline.org/HOL/LandingPage?handle=hein.journals/cajfl18&div=7&id=&page=
  2. https://heinonline.org/HOL/LandingPage?handle=hein.journals/judgej43&div=4&id=&page=

By csannusharma

Annu Sharma is a qualified Company Secretary as well as a Certified CSR Professional and a Law graduate with rich experience of 4 years in secretarial, corporate legal affairs, management and corporate governance; in different industry sectors. Featured on Tax Guru.In, Compliance Calendar LLP and Blogger.com.

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