In the State of Tennessee, there are certain considerations that need to be taken into account before making any decisions after a job change or layoff.
It is important to understand how child support can be or may be modified under Tennessee law. Losing a job of earning less income does not automatically change your existing child support order. The court or appropriate administrative agency will have to modify the order to reflect your changing circumstances.
I Have Lost My Job: How Can I Modify My Child Support Payment?
A job loss, layoff, or significant change in your income can create high amounts of financial stress for any parent. However, there are important legal requirements that must be met before a Tennessee Court or Agency will even consider modifying an existing child support order.
One of the most important things to understand is that a child support order remains legally enforceable until the proper legal process is engaged. The first step if you have lost your job or have experienced a reduction in income is to file a request for modification with the court or pursue an administrative adjustment. Child support payments will need to continue in accordance with the existing order.
Additionally, under Tennessee law, child support cannot be modified retroactively before the request for modification is filed and notice is given to the other parent. Any child support payments that become due before the date of filing the modification become judgments and cannot be forgiven by a court or agency.
What is Required For Child Support Modification?
To obtain a modification, the parent requesting the change must first show that there is a “significant variance” between the current child support order and the amount that would be calculated under Tennessee’s current Income Shares Guidelines based on the parties’ current financial circumstances that necessitated the modification request.
For child support orders requesting modification a significant variance generally means:
- There is at least a 15% difference between the existing child support order and the newly calculated presumptive support amount.
- If the current child support obligation is $100 or more per month, the difference must be at least 15%.
- If the current obligation is less than $100 per month, the difference must be at least $15 per month.
- The parent requesting the modification has the burden before the court or agency of proving that this significant variance exists and that modification is necessary because of their new financial circumstances.
Does It Matter Why You Lost Your Job?
Yes. The State of Tennessee does distinguish between involuntary and voluntary unemployment or underemployment. Meaning whether or not you were the one to quit your job does matter. Similarly, if you are voluntarily earning less in a certain job than you have earned in the past, you are considered underemployed as you are considered to the have the potential to earn more income.
After the modification requesting parent demonstrates that a “significant variance” exists based on current income, the burden shifts to the other parent to prove that the reduction in income resulted from involuntary or voluntary unemployment or underemployment.
Importantly, Tennessee’s Child Support Guidelines do not presume that a parent is voluntarily unemployed or underemployed. Instead, courts will examine the parent’s actual reasons for the employment change and determine whether those choices are reasonable in light of the continuing obligation to support their children.
For example, if a parent is laid off, terminated, or fired and makes genuine efforts to find new employment, a court may calculate child support using the parent’s actual lower earnings rather than prior income or earning capacity.
However, if the court determines that a parent is willfully unemployed or underemployed, it may impute income by calculating child support based on the parent’s earning potential instead of their actual current income.
Are There Any Exceptions to Whether Child Support Can Be Modified?
Tennessee law includes several additional rules that may affect whether child support can be modified. Generally, parents are required to pay a minimum child support obligation of $100 per month. However, this minimum does not apply in certain situations in light of the varying financial circumstances people may be in at the time, including when:
- The paying parent’s sole income is Supplemental Security Income (SSI);
- Federal benefits paid on behalf of the child reduce the calculated support amount; or
- Parenting time adjustments reduce the obligation below $100.
The court also has discretion to deviate from the guidelines when appropriate based on written findings. If the previous child support order did include an approved deviation, and the circumstances show that the need for the deviation is still necessary, even if there is over a 15% variance that would normally necessitate a modification, it may still be denied. Conversely, if the circumstances supporting the deviation no longer exist, the court may modify the order to eliminate that deviation regardless of whether the 15% threshold has been met. In addition, a child’s health care needs may independently justify a modification even if the significant variance requirement is not satisfied.
Don’t Wait to Seek a Modification
If you have experienced a job loss, layoff, or substantial change in income, it is important to act promptly. Tennessee law does not permit child support modifications to apply to periods before a modification request is filed, meaning delays can result in unpaid support continuing to accrue under the existing order.
Understanding whether your circumstances meet the legal requirements for a modification can help you protect your rights while continuing to meet your child support obligations under Tennessee law.
Key Takeaways
If your income has changed and you have questions about modifying your child support obligation, the experienced Family Law attorneys at King Law are here to help. We proudly serve families throughout Greene, Hawkins, Johnson, Knox, Sullivan, Unicoi, and Washington Counties, helping clients understand their rights and navigate Tennessee’s child support modification process.
Contact King Law today at (888) 748-5464 to discuss your situation and determine whether you may qualify for a child support modification.
