What Is the Role of Child Support in Divorce Settlements?
June 13, 2025
Divorce can significantly impact every member of a family, especially children. One of the most important and often emotional components of a divorce settlement is child support. In Tennessee, child support is designed to make sure that both parents continue to financially provide for their child or children even after separation.
Courts prioritize the best interests of the child, making sure that they maintain a consistent standard of living and access to necessary resources like healthcare, education, and housing. Understanding why child support is essential is a huge step for parents approaching or going through a divorce.
Whether you’re the custodial or non-custodial parent, managing child support laws in Tennessee can be difficult and legally nuanced. I’m Steven C. Frazier, an experienced divorce lawyer in Kingsport, Tennessee, and I can assist you in making informed decisions that protect your rights, as well as your child’s well-being.
Child Support in Tennessee
Tennessee utilizes the Income Shares Model, which is designed to reflect the financial contribution each parent would have made if they were still living together. This model recognizes that both parents are responsible for supporting their children and strives to distribute this responsibility proportionally.
In practice, this model begins by determining the combined gross monthly income of both parents. Each parent’s percentage of the total income determines their share of the obligation. For example, if the mother earns 60% of the combined income, she would be responsible for 60% of the support obligation.
Additionally, courts factor in how many days each parent has with the child (known as parenting time credits). The more overnights a parent has, the more adjustments may be made to the support amount. This supports fairness and reflects the shared responsibility of physical custody and the costs that come with it.
Expenses such as health insurance, work-related childcare, and extraordinary medical or educational needs are also included in the calculation. These items may be divided in the same ratio as income or may be assigned differently depending on each parent’s circumstances.
Tennessee’s guidelines provide a structure, but flexibility still exists. The court can deviate from the calculated amount if special circumstances warrant it. However, these deviations must be clearly documented and justified. Having an experienced divorce lawyer is essential when negotiating or contesting child support evaluations.
Child Support in Divorce Settlements
During a divorce settlement in Tennessee, the child support arrangement is formalized and approved by the court. This process is designed to prevent financial disparity from adversely affecting children. In many cases, one parent may have a greater share of physical custody, which usually results in the other parent being required to make regular child support payments.
Child support obligations are distinct from other divorce-related financial matters like alimony or division of marital property. They’re viewed by Tennessee courts as the child’s right, not the receiving parent’s. This means that even if both parents verbally agree to forego support, the court may still mandate payment if it's in the child’s best interest.
A divorce lawyer can make sure that the child support component of your settlement reflects not only statutory guidelines but also your family’s unique dynamics. Whether negotiating, drafting, or enforcing the agreement, legal guidance is essential to securing fair terms.
Calculating Child Support: A Step-by-Step Guide
Determining the correct child support amount requires a detailed and structured approach. While Tennessee’s Child Support Guidelines provide an official formula, correctly applying that formula often requires professional help. Here’s how the process typically unfolds:
Step-by-Step Process:
Income disclosure: Both parents must provide proof of income, including wages, tips, bonuses, rental income, and self-employment earnings. A divorce lawyer can assist in gathering and verifying this documentation.
Use of the worksheet: The Tennessee Child Support Worksheet is filled out using combined gross income figures to determine the total obligation.
Time-share calculations: The number of overnights each parent has with the child impacts the final figure. A higher number of custodial days can reduce the paying parent’s obligation.
Adjustments for additional costs:
Health insurance premiums for the child
Work-related childcare costs
Extraordinary educational or medical expenses
Deviations and final approval: If either party seeks a deviation from the calculated amount, the court must find that such deviation serves the child’s best interests. Final support amounts must be approved by the judge.
The court’s aim is to make child support predictable and equitable. However, life isn’t always so tidy. Every family is different, and even the most precise worksheets can’t account for every unique expense or custodial arrangement. This is where the value of a divorce lawyer becomes apparent.
Modifying Child Support Orders
Child support orders in Tennessee aren’t permanently fixed. If circumstances change significantly, either parent may petition the court to modify the order. However, modifications aren’t granted automatically; the petitioner must demonstrate a substantial change that justifies a revision.
One of the most common triggers for a modification is a change in income. If a parent receives a major raise or experiences a significant decrease in income, the support amount may be reevaluated. Another reason is a shift in custody arrangements. If the non-custodial parent gains more overnights or full custody, the court may reduce or eliminate their payments.
The Tennessee Department of Human Services requires that the new calculation differ by at least 15% from the current obligation to qualify for a change. This is so minor fluctuations don’t flood the courts with unnecessary petitions.
Even if both parents agree to change the terms informally, it must still be approved by the court to be legally enforceable. Otherwise, the original order remains binding.
A seasoned divorce lawyer can streamline the modification process by filing the correct forms, compiling evidence, and presenting a compelling case. Without legal support, you risk delays or even denial. The stakes are high when it comes to your child’s welfare, and it’s crucial to handle changes through the proper legal channels.
Enforcing Child Support Obligations
When a parent fails to meet their child support obligations, enforcement becomes necessary. Tennessee law provides several powerful mechanisms to assure compliance, as child support is considered a legal duty, not an optional payment.
The most common enforcement method is income withholding. Employers are legally required to deduct support payments directly from the obligated parent’s paycheck. This fosters regularity and prevents missed payments due to negligence or avoidance.
Other enforcement options include:
Tax refund interception: The IRS or Tennessee Department of Revenue can redirect tax refunds toward past-due child support.
License suspension: A delinquent parent may have their driver’s license, professional license, or even hunting and fishing licenses suspended until payments resume.
Bank account seizure: The state can place liens on bank accounts to collect owed support.
Contempt of court: Willful non-payment can lead to a contempt finding, resulting in fines or jail time.
Sometimes, non-payment is the result of genuine hardship. In such cases, courts may work with the obligated parent to establish a payment plan or temporarily adjust obligations. However, these must be formally approved by a judge.
Call a Professional
Child support plays a vital role in Tennessee divorce settlements by prioritizing children’s financial needs and well-being. Whether you need help calculating, modifying, or enforcing support, in Kingston, Church Hill, Johnson City, Bristol, or elsewhere in Northeastern Tennessee, contact me, Steven C. Frazier, Attorney at Law. I’m an experienced divorce lawyer who understands the nuances of Tennessee family law and am committed to protecting your family’s future. Call me today.