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- Garrison Keillor -

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Child Support

TENNESSEE DIVORCE LAWS

The purpose of child support is to provide for the financial needs of a child. Calculating child support can be challenging and you can click here for information regarding calculating child support in Tennessee. Properly calculating child support is definitely important.

You will find, however, that it is more important to consider the impact establishing an amount of child support has on your relationship with your co-parent and your own decision-making. This is because the two most important factors in calculating child support are (1) parent's income and deductions and (2) how much time you spend with your child pursuant to your parenting plan. Your income and deductions are unlikely to be disputed. Therefore, it is critical to pursue a child support order in a manner that maximizes your chances of getting as much time as possible to spend with your child in your parenting plan.

The answer to almost all considerations below is that “it is best to be the one to file for divorce, a parenting plan and/or a child support order as soon as possible.”

Common considerations for parent’s likely to receive child support payments:

  • If you do not have a child support order, will you end up resenting the other parent and feel like the other parent is a dead beat? And, if so, what impact will it have on our co-parenting? This consideration is much more important than most parents realize.

  • Should you delay filing for child support because you want to get back together and don’t want to upset the other parent?

  • Should you delay filing for child support because you avoid conflict at all costs?

  • Should you delay filing for child support because you want to do everything on your own?

  • Will your decision to not file for child support be fair to your child?

  • Will the court think you are a bad parent for not filing for child support right away?

  • If you are unlikely to get much child support should you even bother to file for child support?

  • Will pursing child support encourage the other parent to participate in our child’s life?

  • Will it look better if you are the first to file for child support?

  • Are you receiving more than would be ordered by the court?

Common considerations for parent’s likely to be paying child support:

  • Many of the common considerations above are also applicable to parents likely to be paying child support.

  • If you do not have a child support order, will you end up avoiding your child and the other parent to delay the entry of a child support order? And, if so, what impact will it have on our co-parenting? This consideration is much more important than most parents realize.

  • Will it look better if you are the first to file for a parenting plan, which will result in a child support order? Will the court think you are a bad parent for not filing for a parenting plan?

  • Are you paying more than would be ordered by the court because you are trying to avoid being subject to a child support order?

  • Should you try to delay the entry of a child support order to avoid your current income from being used to calculate the amount of child support to be paid?

  • Is a child support arrearage accruing that you will end up being required to pay and you don’t even know it?

  • Can you terminate your parental rights to avoid paying child support?

Beware, a legal obligation for someone to pay child support may not begin until the date a motion for child support is filed with the court. If you expect to be the recipient of child support, your delay in filing a motion may result in the loss of child support you would otherwise have received.

 

In limited situations, however, a court may order an amount of retroactive child support be paid prior to the date of filing. A parent will then be required to pay back child support that has accumulated over time. Without a doubt, it can be burdensome to be required to pay both your current child support amount and an amount towards a child support arrearage. Typically, both the parent paying and the parent receiving child support have an incentive to having a child support order entered as soon as possible.

For more information concerning a child support in Tennessee, contact us and schedule a consultation. We are here to help navigate you through the Tennessee child support laws.

© 2017 by Veach Law, PLLC

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