Child Support

Batson, Nolan, Pearson, Miller & Joiner
's attorneys routinely handle cases involving issues of child support.  specifically, our representation involves cases to:

1. Establish an original award of child support;

2. Actions to increase child support;

3. Actions to decrease/reduce current child support obligations;

4. Actions to calculate and collect past due child support owed but unpaid; and,

5. Actions to terminate child support.

Facts of Child Support

Child support is each child's right to receive support and maintenance from his/her biological parents until the child reaches the age of majority, (i.e. 18 years of age), graduates high school, or is otherwise emancipated if the same occurs before the child's 18 th birthday or graduation. (See T.C.A.§34-1-101(b)). If you have custody of your child/children (or if you have been named as the primary residential parent of the child/children), pursuant to a valid court order, you may  receive child support from the other parent.  The amount of child support that you as the child/children's custodian (or primary residential parent) may be eligible to receive on the child/children's behalf has been determined by the state legislature.  The specific amount is tied to the number of children in issue and the net monthly income of the parent that will pay child support.  The parent that will pay the child support is known as the "obligor"  because they are obligated to pay child support. 

To determine "net" child support, the "gross income available for the child support first must be determined.  In calculating gross income, the court generally, with certain exceptions, will consider all income received by the "obligor" from all sources.  Commissions, bonuses, overtime pay, dividends, etc., may be included in determining the "obligor's" income.

Gross income does not include child support payments received by the obligor parent for the benefit of other children; benefits received from means-tested public assistance programs otherwise exempt by federal law; or, regulation such as aid for families with dependent children (AFDC) and food stamps of Supplemental Security Income (SSI).

Once the amount of monthly income available for child support purposes has been calculated, "net income" is then determined by subtracting from the available "gross income" of the obligor, the amounts he or she pays each month for the following: FICA;  Medicare for regular wage earners; and, 12.4% Social Security plus 2.9% Medicare for self-employed, as of 1991, or any amount subsequently set by federal law as FICA tax; the amount of withholding tax deducted for a single wage earner claiming one withholding allowance. 

If the obligor has other children for whom he/she is ordered to pay child support pursuant to any court order, he/she may further reduce his child gross income by deducting the amount of such monthly child support payments.   Additionally, recent changes in the law allow the obligor to request that the court consider payments made for the support and maintenance of other children of the obligor whom the obligor maintains and/or pays support for even though no court order has been entered mandating such maintenance and/or support payments.  (See T.C.A. § 36-5-101), whether or not the court will consider these additional payments, depends of the facts and several factors that are not addressed here.

 Once the net monthly income is determined, the court will set support in accord with the above chart.  The court may order child support payments to be made weekly, biweekly (every two weeks), semi-monthly, or monthly. 

 If the child support obligor seeks to avoid child support by reducing his income earned, or by refusing to work, it may be argued that the obligor is "willfully and voluntarily unemployed or underemployed."  Where the same is subsequently proven, child support shall be calculated based on a determination of the "obligor's" potential income, as evidenced by his or her educational level and previous work experience.

 When an original child support order is being established and the "obligor" fails and/or refuses to produce evidence of his/her income, such as W-2's, tax returns, pay check stubs, or other information that could be utilized to determine the "obligor's current ability to support, gross income for the current and prior years can be determined by "imputing annual income to the obligor in the amount of of $25,761."  This figure represents an average of the median annual income for Tennessee families as provided by the 1990 U.S. Census of Income and Poverty data for Tennessee Counties.  Where certain facts exist child support in excess of the percentages listed above may be assessed by the court.

Accordingly although the above noted summary is intended to provide general information regarding child support, there are many exceptions to the information conveyed, and the specific facts of each case should be analyzed to avoid having child support obligations set both too low, and/or too high.   As such, you should not rely upon the information provided here to calculate the amount of child support that should be paid, or as a substitute for addressing your specific case with knowledgeable and  experienced legal counsel well versed in domestic litigation involving child support issues.   We invite you to discuss your specific case with any of our domestic attorneys and we hope that we may assist you in regard to any and all issues you may have involving initial child support determinations, and/or efforts to increase or decrease an existing child support obligation.  Batson, Nolan, Pearson, Miller & Joiner
's domestic litigation attorneys are also experienced in handling actions to address child support obligor's failure to pay child support as previously ordered and in determining and collecting child support arrearages that may be owed due to past non-payment of child support.

JMMiller@batsonnolan.com