Modification of Child Support
The custodial and non-custodial parents both have the right to request a review for possible modification of the child support order at any time. A significant variance is required for modification of an existing order.
If the case has had a complete review, either judicially or administratively, within two (2) years of the request, the party requesting the review is required to provide the caseworker with information to indicate there has been a change before a new review will be initiated.
The change of circumstances could include, but are not limited to:
- Either party has an additional child for whom the party is legally responsible and actually supporting who was not included on the most recent credit worksheet;
- Either party has a qualified other child who was included on the last credit worksheet who has emancipated or is deceased;
- Either party has a significant change in income. This change could be from a job loss or change in employment, an inheritance, lottery winnings, or other sources;
- A child supported by the order has become disabled.
A significant variance for modification of an income shares order requires a minimum 15% difference (or 7.5% for a low-income provider) between the amount of the proposed order and the amount of the existing order.
Both parties will be mailed an Affidavit of Income and Expenses, when the review process begins. It is very important that this document be completed by both parties and returned to the child support office. Current income information for both parties will be reviewed to determine if an adjustment is appropriate based on the Tennessee Child Support Guidelines.
The review for modification may be conducted judicially by the court or administratively by the Department of Human Services and/or a local child support office.
If you are interested in learning more about the modification process, you may contact your local child support office. Click here to find the office which serves the county in which you live.