Child support, among other post divorce issues, is always subject to modifications as long as the child is under eighteen years of age. Keep in mind that child support may be modified retroactive to the date of filing of the motion that requests modification, but it may not be modified retroactive to a date prior to the filing of a motion.

The threshold to any modification is significant variance which requires a 15% change in the gross income of the alternate residential parent. In a modification, as with the initial order, the Court must use the Tennessee Child Support Guidelines.

Under the guidelines, there is a rebuttable presumption that the amount determined pursuant to the guidelines is the correct amount of child support to be awarded. A need for more money to cover the child’s expenses may be proven through bank account information and receipts for certain expenses. An illness or job loss from the child support payor could include medical records and proof of financial loss from bank and employment records.

Overall, the scenarios are numerous, and life circumstances are almost guaranteed to change as time goes on. Keep in mind that specific child support orders may still hold if the material evidence isn’t clear enough. However, if a change of income does occur, remember, any retroactivity in connection with a new number will not pre-date the filing of the pleading seeking the modification.

For child support modification issues and all your family law needs a seasoned, competent attorney is important in guiding you through the aforementioned complexities as Tennessee law relates to them. Attorney Donna Wagner is committed to helping her clients find equitable solution when post divorce modifications occur.