Legal Question in Family Law in Tennessee

Child Support from parent with lower income

Sharing joint custody (not 50/50) with husband, but leaving child to live with him, as is in best interest of child. His lawyer says child support is not gender issue; I still have to pay, even though Father makes more than me and can afford to keep son. They agreed to set it very low in our amicable MDA. I can't afford own lawyer. Questions: do I have to pay support to husband during 6 weeks in summer when I have child and support all his financial needs? If child support laws make no gender preference, what about financial situation? If my financial situation changes, I pay more. What if Father's changes?


Asked on 6/22/99, 6:44 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Child Support from parent with lower income

Under Tennessee law, it makes no difference how much the custodial parent makes (or or much the parent having the child most of the time makes in shared parenting cases). Child support is based on the the income (earnings and any other source) of the non-custodial parent. If that parent's income increases encough that child support set under the guidelines would increase by 15%, then the child support is supposed to go up.

But if the parents actually have a shared parenting or joint custody arrangement in which both parents have the child much more than the roughly 78 days contemplated by normal visitation here, you can get the support figure moved down, and in some rare cases where both parents have the child about the same amount of time, then the support might be waived entirely.

Fore much more on how child support is set in Tennessee, check my website at http://www.jesbeard.com

Regarding child support during the summer -- that simply depends on what you two agree in the MDA. Tennessee Courts will allow a suspension of support at such times, and sometimes will reverse the direction of child support during that period.

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Answered on 6/30/99, 7:31 am


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