Clarksville Child Support Lawyer
Trusted Child Support Attorney in Clarksville, TN
Having right attorney is essential in a child support case. You need a Clarksville child support lawyer who is attentive and compassionate. Ideally, you should find one who has worked for years in family law and child support law. At Mathis, Bates & Klinghard PLLC (MBK Legal), we can provide you with this experience and support.
With more than 50 combined years of legal practice and decades of work in family law, our team of skilled attorneys can help you through a child support determination.
Our goal is always to prioritize our clients. We know how important family law cases are to you, your children, and your future. We can explain all your options in a divorce, separation, or paternity case. Whether you are paying or receiving support payments for your children, we can work to make them fair.
Your children deserve financial support, but that support should not put either parent in financial hardship. This is a careful balance that our team can advocate for, helping the court consider all the relevant factors during determination proceedings.
Your family’s financial future can be greatly impacted by the outcome of a child support case, so it’s important that it be done right. Mathis, Bates & Klinghard PLLC (MBK Legal) can pursue the ideal outcome for your situation.
What Is Child Support?
Child support payments exist to see that each parent fulfills their legal obligation to provide financial support for their children, such as in cases where parents divorce or separate. Each parent should be responsible for the financial care, personal support, and welfare of their legal and biological or adopted child. Child support guidelines are complicated because they attempt to address numerous unique familial circumstances.
There are basic support guidelines, but these may need to be altered to accommodate for a child’s unique needs, the financial or caregiver limitations of a parent, and other situations. Basic support covers a child’s needs, like food, shelter, clothing, medical care, and schooling. The family court judge can deviate from the guidelines, but only in limited and specific circumstances.
Support typically continues until the child turns 18 or graduates high school, whichever happens later. Some adult children receive support for the rest of their lives due to a physical or mental disability.
Determining child support when parents part ways can mean the difference between a child suffering financially and prospering. One in four children under age 21 live with one parent, and the other parent lives elsewhere, according to the U. S. Census Bureau.
Child support calculations in Clarksville are addressed through the Montgomery County Juvenile Court. The courthouse is located at 2 Millennium Plaza, Suite 101, Clarksville, TN 37040. Judges may take each family’s situation into account when determining child support or adjustments to existing orders.
The Basic Elements of Clarksville Child Support
Child support in Tennessee is calculated based on many unique circumstances, but certain elements in a family’s life may impact support payments more significantly. The state operates on an income shares model, so the income of each parent is one of the largest determining factors in the calculations of child support. Another significant factor is the amount of parenting time the child spends with each parent and how many children require financial support.
When determining the gross income of each parent, several sources are considered, including:
- Salary and wages
- Bonuses
- Commissions
- Self-employment income
- Tips
- Severance pay
- Pensions
- Trust income
- Unemployment insurance
- Gifts
- Lottery winnings
- Alimony
- Annuities
Parenting time is also influential in the determination of child support. Parents with 50-50 custody have unique calculations compared to situations where there is an alternate residential parent (ARP) and a primary residential parent (PRP).
Adjustments can be made to the basic support when this is not the case, depending on the number of parenting days each parent has with a child. If parents have multiple children who require support, the average parenting time of each parent is calculated.
Deviating From the Standard Child Support
The court may order or agree to a deviation from the basic child support amount if it is in the child’s interests and otherwise complies with the law. The court must make a written account of the amount of support that would have been based on the guideline calculations, along with why the deviation is being made. Deviations may be made for expenses, like:
- Extraordinary education costs, such as tuition, room and board, and other reasonable expenses for private or special education schooling
- Special expenses like travel, summer camp, and extracurricular activities
The court may not make any deviation from the guidelines that prevent the PRP from providing the minimum requirements for housing, clothing, or food.
Modifying Support Orders
Child support orders, once they are made or entered into the court, are legally enforceable. The paying parent must pay the support, and the receiving parent uses that support to pay for their child’s needs.
Failing to make support payments can result in penalties, potentially even including criminal charges. However, even though parents must follow support orders, that does not mean the orders are unchangeable. A family’s circumstances can change, and support orders can change with them.
Modifying support orders is possible when there are significant changes in the lives of either parent or their children. All modifications made to child support orders are still calculated under the income shares model. Because of this, a significant change typically refers to financial changes. They may include:
- An increase or decrease in either parent’s income
- A change in either parent’s financial resources
- Either parent has additional financial obligations
- A change in the child’s financial needs, such as new medical costs
However, a change to parenting time and custody can also influence the amount of child support.
The difference between these amounts is only considered under the income shares model and does not include deviation. When the modification requests a lower amount of support, the court may consider whether the paying parent is underemployed or unemployed.
If you need to enforce or modify a child support order, hiring an attorney is crucial. It’s important to request a modification if you cannot afford your support payments rather than wait for legal and criminal consequences to affect you.
Voluntary Underemployment and Imputed Income
Many parents have concerns that their former spouse may purposefully lower their income during a child support case. They may have:
- Quit a lucrative job.
- Turned down a job opportunity.
- Cut their work hours in half.
- Took a job that pays considerably less than they are qualified to earn.
In Tennessee, the courts have created rules to prevent this scenario from impacting your child support award by using a concept called imputed income.
Essentially, imputed income is income that the court holds someone accountable for during their child support calculation, even if they are not actually earning that income.
If a judge in Montgomery County, Tennessee, determines that a parent is voluntarily unemployed or underemployed, then the court can order child support based on what they could earn instead of what they are currently earning. A court may look at many factors to make this determination, including:
- Education and training
- Licenses and certifications
- Employment opportunities
- Employment history
- Previous income
- Job opportunities in your area
- Ability to work
- Special skills
For instance, if a parent was voluntarily unemployed or working a minimum wage job but previously earned $80,000 per year working as a contractor near Fort Campbell or in the Clarksville area, then the court may look at their previous employment to determine that parent’s ability to earn. The judge could possibly use $80,000 as that parent’s income for child support calculations.
If a parent loses their job through no fault of their own, such as layoffs, company closings, military transfers, medical issues, or other circumstances beyond their control, then the income may not be imputed. The court wants to see that a parent is not voluntarily reducing their income, which would unfairly affect the child support award.
Modifying either parent’s income affects your child. Therefore, judges pay close attention to voluntary unemployment or underemployment claims.
Understanding Tennessee Child Support Worksheet Adjustments
Tennessee child support calculations begin with gross income, though this isn’t the final input for the official calculation. The Tennessee Child Support Worksheet includes many deductions, credits, and additions that can drastically change your final child support payment or award. Parents who are aware of these modifications can better comprehend why the final child support amount might not match their initial expectations.
Health Insurance Considerations
One of the biggest adjustments to the Tennessee Child Support Worksheet is health insurance. If your child has access to health insurance through a parent’s employer at a reasonable cost, then the court may generally order that the insurance be maintained.
Only the child’s portion of the premium is considered for support calculations. Therefore, if a parent provides family health insurance through their job, then the court may look at the extra amount paid to cover just the child instead of the entire premium cost. Children’s health insurance can involve medical, dental, and vision premiums.
Generally, the parent who pays for health insurance receives a credit through the Tennessee Child Support Worksheet calculation. For families in Clarksville, particularly those near Fort Campbell with military health plans, the family’s specific circumstances can make health insurance a critical factor in child support calculations.
Childcare Expenses
Childcare costs are some of the largest expenses that most parents face. Because of this, the Tennessee child support guidelines allow an adjustment to the child support calculation for reasonable work-related childcare costs. Common expenses of this type include:
- Daycare
- Preschool
- Before- and after-school expenses
- Summer childcare
Instead of ordering one parent to pay for all these childcare costs, the Tennessee Child Support Worksheet normally prorates these expenses between the parents according to their percentage share of combined income.
If one parent is responsible for 60% of the combined income and the other parent is responsible for 40%, then childcare expenses would normally be split 60/40 between the parents. This is because the calculation takes each parent’s financial situation into consideration.
Credits for Other Children and Existing Support Obligations
The Tennessee Child Support Worksheet allows parents to receive certain credits toward their child support obligation if they support other children. Failing to account for these children could create an unfair calculation of a parent’s ability to pay child support. Parents may receive credit if they:
- Are supporting other children
- Adopting other children
- Are paying an existing child support order
- Have other legally recognized children to support
Keep in mind that these credits do not eliminate a parent’s responsibility to support the child or children involved in your particular case. Instead, they help the judge understand a parent’s overall financial obligations. Every family’s situation is different, so taking these existing obligations into consideration can significantly impact your child support calculation.
Uncovered Medical Expenses
Parents often assume that their child support pays for everything involved with raising a child. While basic child support does contribute to a child’s living expenses, it typically does not cover all their medical expenses.
According to the Tennessee Child Support Guidelines, parents are normally required to split uninsured or recurring medical expenses that do not qualify as part of the basic child support award. Some examples of these expenses include:
- Braces
- Counseling
- Special medical care
- Recurring prescriptions
- Mental healthcare
- Certain developmental therapies
Typically, these expenses are divided between the parents according to their pro-rata share of the combined income. Proper record keeping can eliminate confusion when paying for these uncovered expenses. Both parents should keep records of medical expenses and requests for reimbursement.
Hire a Child Support Lawyer
While some may believe that handling child support issues is easy, these cases often come with complex legal processes. This is where the help of a Clarksville child support attorney is invaluable.
A child support lawyer can bring all the proper financial information to the court’s attention. Matters can become even more complex when you are dealing with:
- Self-employed income
- Military pay and benefits
- Claims of voluntary underemployment
- Modification of a prior order
Many Clarksville families have ties to Fort Campbell, and military pay or deployments can present unique issues when determining child support.
Whether you owe support, another person is asking you for support, or you want to modify an existing order, an attorney can look at your finances. Then they can explain your rights and responsibilities under Tennessee law.
A lawyer can go over financial information with you, spot issues with a proposed calculation, and see that the child support order entered by the court is fair and accurate. Since a child support order can affect your family for many years, it can be vital to hire a child support lawyer as soon as possible.
FAQs
Do I Need a Lawyer for Child Support in Tennessee?
While it is not required to have a lawyer for child support in Tennessee, it is incredibly beneficial. Child support laws are incredibly complex, so even when parents are working together, they can make mistakes that negatively impact their parenting plan and support determinations. A lawyer can provide legal support and protect your parental rights.
What Is the Current Child Support Law in Tennessee?
The newest child support law in Tennessee, made in 2023 and put into effect on January 1, 2024, altered what the court can penalize for the nonpayment of child support. An amendment was added to address the failure of a parent to comply with paying child support, allowing the court to order additional penalties, including removing litter and working in a recycling center as part of community service, along with issuing a restricted driver’s license.
How Far Behind in Child Support Can Someone Be Before a Warrant is Issued in Tennessee?
There is no set amount of time or money that someone can be behind in child support before a warrant is issued in Tennessee. Any individual who is ordered to provide support to a minor child and fails to do so could be punished by the court with imprisonment. The court could issue an arrest warrant in these cases.
How Much Back Child Support Is a Felony in Tennessee?
Nonpayment of child support is a felony in Tennessee. It occurs when a parent fails to provide child support payments despite having the ability to do so and knowing of their obligation. In addition, one of the following must be true:
- The parent leaves or stays outside of Tennessee to avoid paying support.
- The parent has previously been convicted of nonsupport or flagrant nonsupport.
In these situations, the crime is charged as a Class E felony.
Contact the Skilled Child Support Attorneys at Mathis, Bates & Klinghard PLLC (MBK Legal)
Each child support situation is different, and even small facts can greatly change the outcome of the support calculation. By comprehending the Tennessee guidelines in relation to your own family’s circumstances, you’ll be better positioned to make solid decisions. It can also prevent expensive mistakes that could significantly impact your finances.
Child support sees that each parent provides a fair share of their child’s care and expenses, and it is not meant to punish either party. Whether you and your co-parent are negotiating your parenting plan and support out of court or facing litigation, an experienced attorney can protect your rights and financial interests. Contact Mathis, Bates & Klinghard PLLC (MBK Legal) today to see how we can help you navigate your child support case.
