Nashville Child Support Lawyer
Child Support Attorney In Nashville, TN
Going through a divorce or separation from a significant other can be emotionally exhausting, but the challenges are increased when there is a child involved in the process. The added anxiety of how you can support your child can make you feel overwhelmed. A Nashville child support lawyer is your and your child’s greatest advocate to ensure that your parental rights are honored while also ensuring the best interests of your child are met.
Hire a Child Support Lawyer
When you hire a child support lawyer, you want one who makes you their priority. At Mathis, Bates & Klinghard, PLLC, we are a client-centered firm that believes in progressive approaches to representation. Through every step of your case, our team is available to answer questions and offer support whenever you need it. Whether you are looking at paying or receiving child support, we ensure the support order is fair and in the best interest of your child.
Nashville Families
As of 2023, Nashville is home to 709,846 residents living in 314,578 households. Children younger than 18 make up 21% of the residents, and only 43% of residents over age 15 are married. Of the total households, 9% are male-headed and 13% are female-headed. Only 50% of households are run by a married couple.
These numbers suggest that many Nashville residents have experience with nontraditional family situations that may require the intervention of the family court system. In Nashville, child support cases are heard in the Fourth Circuit Court located in the Metro Courthouse.
Child Support in Tennessee
Tennessee child support payments are designed to cover three basic needs of every child. These needs are food, housing and transportation. In addition to these three basic needs, financial support for clothing, entertainment and education is provided in a much smaller amount. The Department of Human Services handles the child support program in Tennessee. The child support program is responsible for:
- Establishing and enforcing child support orders
- Establishing and enforcing medical support orders
- Collecting and distributing payments
Regular expenses not covered under the standard child support order are calculated during the initial support order hearing and integrated into the total child support obligation. Additional expenses could include:
- Counseling costs
- Daycare charges
- Dental payments
- Hearing or vision needs
- Insurance deductibles
- Medical co-payments
- Orthodontic needs
- Psychiatric appointments
- Unpredictable medical costs
Child Support Calculations in Tennessee
In Tennessee, child support payments are legally required when a child is born out of wedlock, if the child’s parents divorce or when there is an order of protection against one parent for domestic violence. Establishing child support directly through the courts allows for payments to be logged and managed automatically.
Child support payments are decided using the income shares model, which bases child support obligations on the notion that the child should receive the same percentage of parental income as if they were living together. The income shares model looks at each parent’s income, adjusts that income with credits and takes into consideration the parenting time of each parent. Income is calculated based on gross pay received from:
- Alimony from a different spouse
- Annuities
- Benefits
- Bonuses
- Capital gains
- Interest, trusts and dividends
- Monetary gifts
- Money won as a prize
- Retirement plans
- Sales commissions
- Severance pay
- Social Security benefits
- Tips
- Unemployment benefits
- Wages, salary or self-employment earnings
- Workers’ compensation
Once all income has been disclosed, each parent’s adjusted gross income is determined by deducting credits from the total earnings. Credits may be for:
- Caring for other minors as their primary guardian
- Taxes
- Child support orders for other children
Consequences for Nonpayment of Child Support
Child support payments are a legal obligation for every parent. In addition to the potential strain nonpayment can put on the parent-child relationship, there are legal consequences for failure to pay. These consequences include:
- Wage garnishment
- Tax return confiscation
- Seizure of bank accounts
- Credit reporting
- Contempt of court charges
- Jail time
- Community service
- Driver’s license restrictions
- Revocation of hunting, fishing or professional licenses
- Liens on owned property
- Denial of a passport
FAQs
How Much Is a Child Support Lawyer in Tennessee?
The cost to hire a child support lawyer in Tennessee varies with the complexities of your case and whether court involvement is necessary. Child support lawyers generally charge an hourly rate, but some may offer a flat fee for their services. You may also be required to pay a retainer fee before work can begin on your case.
Do I Need a Lawyer for Child Support in Tennessee?
No, there is no legal requirement to have a child support lawyer in Tennessee, but there are benefits to having legal representation. Child support laws can be complicated, and mistakes could result in paying too little or too much. Agreeing to a support amount outside of the court system could also result in problems. Having an experienced family law attorney familiar with your child support case is also beneficial when you need to make changes to the support agreement.
What Is the New Child Support Law in Tennessee?
The new child support law in Tennessee amends current child custody and support laws to include new discretionary penalties for failure to pay child support. In addition to a maximum six-month jail sentence, nonpayment of child support could result in an order of community service removing litter from the state highway system, public playgrounds, public parks or working in a community recycling center.
Can a Parent be Criminally Charged for Failing to Pay Child Support in Tennessee?
Yes, failure to pay child support in Tennessee is treated as a Class E felony if certain conditions are met. If the parent can make the payments and is aware that the payments are required, they could be charged if they meet one of two requirements: The parent avoids living or working in Tennessee in order to avoid payments, or the parent has a previous nonsupport conviction.
Contact Mathis, Bates & Klinghard, PLLC
Wading through the family court system can be challenging. Child support laws change, and child support cases have to be reevaluated as your family grows and changes. Having a child support attorney you can rely on is key. Contact Mathis, Bates & Klinghard, PLLC, to schedule your initial consultation.
