Clarksville Child Support Lawyer
Clarksville Child Support Attorney
Child support is a necessary way for each parent to support their child’s financial and personal well-being. Support payments may be assigned when parents are separating or during a paternity case, and they ensure that each parent provides an equal level of financial support.
Child support cases can become more complicated when parents disagree or when unique circumstances complicate the basic obligations. However, a Clarksville child support lawyer can help parents through this difficult process.
Child support cases in Clarksville, TN can be stressful on many levels, both personal and financial. Having a skilled family law attorney by your side can help streamline the process and help your family reach an ideal resolution more effectively.
Mathis, Bates & Klinghard PLLC (MBK Legal): Supporting Your Family in Child Support Determinations
The right attorney is essential to the process of your child support case. You need a lawyer who is attentive and compassionate and 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 experience 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 are dedicated to helping you understand your options in a divorce, separation, or paternity case. Whether you will be 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.
Your family’s financial future can be greatly impacted by the outcome of a child support case, so it’s important that it is done right. Mathis, Bates & Klinghard PLLC can help you secure the ideal outcome.
What Is Child Support?
Child support payments exist to ensure that each parent fulfills their legal obligation to provide financial support for their children 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.
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 will 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
- Many more sources
Parenting time is also influential in the determination of child support. Parents with 50-50 custody have unique calculations compared to when 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 of 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, as well as why the deviation is being made. Deviations may be made for expenses such as:
- 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 will not make any deviation from the guidelines that prevent the PRP from providing 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 criminal penalties. 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 having 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.
To be eligible for modification, the change must be significant. In order to be considered significant, the proposed modification to child support must change the amount paid by at least 15%. 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 will consider whether the paying parent is under- or unemployed.
If you need to enforce or modify a child support order, an attorney is incredibly helpful. It’s important to request a modification if you are unable to afford your support payments rather than wait for legal and criminal consequences to affect you.
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. The laws for determining child support are incredibly complex, so even when parents are working together, they can make mistakes that negatively impact their parenting plan and support determinations.
When parents are not amicable, they must deal not only with complex guidelines but also with the opposing wishes of the other parent. Having a lawyer provides legal support and helps protect your parental rights.
What Is the New 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 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, as well as issuing a restricted driver’s license. These penalties are up to the court’s discretion.
How Far Behind in Child Support Can Someone Be Before a Warrant is Issued in Tennessee?
There is not a 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 who fails to do so could be punished by the court with imprisonment. This includes the issue of an arrest warrant. The only situation where there cannot be an arrest warrant issued by the court is when the failure to provide support occurred while the individual was imprisoned and unable to pay.
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 MBK Legal’s Skilled Child Support Attorneys
Child support ensures that each parent provides for 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 outside of court or facing litigation, an experienced attorney protects your rights and financial interests. Contact Mathis, Bates & Klinghard PLLC (MBK) today to see how we can help you navigate your child support case.
