Recently, the Tennessee Department of Human Services (TDHS) implemented the first revisions to the Child Support Guidelines (Guidelines) that govern the calculation and payment of child support obligations in nearly 12 years. According to TDHS, the revised Guidelines will, “help align all child support orders with changing family economics, improve the system for both custodial and noncustodial parents, and meet federal requirements.”[i] So, what does this mean for you? In this article, we will highlight just a few of the changes, which might give you reason to revisit your child support order.
When setting child support, the Courts use several factors to determine the income of parents in a child support case. In most cases, the Court relies upon documentation of each parent’s actual income. However, there are circumstances where Courts can impute income to a parent in modifying or establishing a child support order. For instance, a Court could impute income to a parent when he/she is unemployed or underemployed without a good reason. Before, incarceration of a parent was treated as willful underemployment or unemployment for purposes of establishing or modifying a child support order, but now that is no longer permitted.[ii] However, the revised Guidelines provide that Courts are to consider the actual income earned during incarceration by an inmate.[iii]
For some noncustodial parents, fulfilling their child support obligations while having enough resources to support themselves is a challenge. So, to ensure that a noncustodial parent with low-income can meet his/her own basic needs as well as permit continued employment, the revised Guidelines provide for a Self-Support Reserve (SSR)[iv]. The SSR is a low-income adjustment representing the amount of money a parent owing support needs to support him or herself at a minimum level[v]. The SSR is based on 110% of the 2018 federal poverty level for one person ($1,113 net income per month).[vi] With the addition of the SSR, most cases would leave the noncustodial parent with at least $1,150 a month to live and in some circumstances, set a minimum child support obligation of $100 per month. [vii]
Another major change to the Guidelines comes in the form of credit for medical, dental and vision premium payments paid by a stepparent. Under the previous Guidelines, only a parent who paid the health, vision, and dental care insurance premiums for the benefit of the child(ren) were entitled to a credit when calculating child support. Now, a parent is entitled to a credit if their spouse (stepparent) pays those premiums for the benefit of the child(ren)[viii].
If modification of your child support is something you are seriously contemplating because of the new changes to the Guidelines, please note that you may have to wait. TDHS has anticipated an influx of new child support modification requests considering the revised Guidelines; thus, the department has implemented a temporary requirement for case modifications that will remain in effect until Nov. 10, 2020[ix]. “During this time, there must be a change of circumstances, such as income or number of children, in addition to at least at 15% change between the amount of the current support order and the amount of the proposed order for the case modification to be granted.”[x]
To determine whether your child support situation warrants a change under the new guidelines, contact our office to speak with an attorney.
[i] Tennessee Revises Child Support Guidelines to Better Serve Families, May 11, 2020, https://www.tn.gov/humanservices/news/2020/5/11/tennessee-revises-child-support-guidelines-to-better-serve-families.html. [ii] Tenn. Comp. R. & Regs. 1240-02-04.04(3)(a)(2)(ii)(II) (May 2020) (Revised); see also, Tenn. Comp. R. & Regs. 1240-02-04-.01(1)(d)(5) [iii] Tenn. Comp. R. & Regs. 1240-02-04-.04(3)(a)(1)(xxiii) (May 2020) (Revised). [iv] TN Department of Human Services, TN Child Support Guidelines Public Presentation, May 10, 2020. https://www.tn.gov/content/dam/tn/human-services/documents/TN%20Child%20Support%20Guidelines_Public%20Presentation_%20May%2010%202020.pdf [v] Id. [vi] Id. [vii] Tennessee Revises Child Support Guidelines to Better Serve Families, May 11, 2020, https://www.tn.gov/humanservices/news/2020/5/11/tennessee-revises-child-support-guidelines-to-better-serve-families.html. [viii] Tenn. Comp. R. & Regs. 1240-02-04.04 (8)(a)(6) (May 2020) (revised). [ix] Tennessee Revises Child Support Guidelines to Better Serve Families, May 11, 2020, https://www.tn.gov/humanservices/news/2020/5/11/tennessee-revises-child-support-guidelines-to-better-serve-families.html. [x] Id.