Calculating child support adds a complex emotional layer to custody agreements, divorce, and separation, and is an unavoidable aspect of the process. While both parents may share financial responsibilities for their children, one parent will likely be ordered to pay child support to the other parent. Our goal is to view child support not as punishment placed upon one parent but rather as a way to ensure that a child’s or children’s specific needs are met. Here is some advice from Digby Family Law on approaching a child support agreement.
Opening a Child Support Case
It is important to understand that child support is somewhat formulaic, as it is calculated by inputting both parents’ income into an income shares worksheet created by the state. The steps towards opening a case and gathering the necessary information to fill out the worksheet are detailed below.
- Opening a Child Support Case: First, a parent will have to open a child support case in the state of Tennessee. There are various pathways to opening a child support case:
- A case can be opened through the Child Support Services Office for child support to be set.
- Child support can be set as a part of a divorce or custody matter, as parents are also determining what their co-parenting schedule and responsibilities will look like.
- Child support agreements can also be modified after changes in income or family dynamics. Parents are legally obligated to support their children’s well-being, care, and education. If your child’s other parent is not appropriately contributing to your child’s life, then legal action may be necessary.
- Provide Well-Documented Information: Each parent will be expected to provide the court with information such as his or her income, childcare expenses, medical costs, the number of children a parent is legally required to support, and the amount of time each parent spends with the child. The child’s income, public assistance, or adoption assistance, if any, are not considered here.
- Report All Income: It is essential that all income is properly reported during a child support case. Not properly reporting income may result in serious repercussions.
Digby Family Law’s Impact On Child Support Agreements
Establishing child support may seem straightforward on the surface, and you may be unsure if you need to hire an attorney for this process. While there are certain rigid calculations involved in determining child support, it can actually become very complicated, very quickly. There are nuances involved that our experienced attorneys at Digby Family Law are skilled at handling. We will provide clarity throughout each step of the process so you feel informed on each aspect of your child support agreement.
- Deviations in Child Support: A range of situations can call for deviations from the child support calculations determined by the income shares worksheet. For example, if a parent lives out of state and must travel to exercise his or her parenting time, child support may be adjusted to account for travel expenses. Or, if a child is attending a private school that is too expensive for a parent to pay for in tandem with child support, a deviation in support may be appropriate. In short, we can determine if any deviations would be applicable based on a parent’s circumstances or a child’s specific needs.
- Clarifying Irregular Income: If your co-parent has been self-employed or worked freelance or contractor roles, it can be more difficult to determine his or her aggregate income. We are adept at calculating non-W2 income and uncovering additional forms of income that a co-parent may not disclose.
- Calculating Retroactive Support or Modifications: Calculating back support or modifying your support order can be difficult as there are many moving pieces. To modify your child support order, you will need to file a petition as soon as possible. Support can only be modified back to the date a petition was filed. You will also have to prove that a “significant variance” exists between what the current support obligation is and what the new support obligation will be. Having an attorney who can adequately guide you through all of these aspects is a huge asset.
- Saving Money: Paying or receiving the wrong amount of child support each month can quickly add up to a huge financial loss. Hiring an attorney to assist you can more than pay for itself.
- Detail-Oriented Team: Our team is adept at running different iterations of support to see how various income amounts will affect your case and livelihood. We pay attention to all the details to ensure that support is accurate and fair.
At Digby Family Law, you can trust that our team will be by your side throughout each step of your child custody and support case. If you have any questions about a child support agreement, we would be happy to answer them. Our team can be reached via our website, or by phone at (615) 997-3741.