How is child support calculated in Tennessee?

Tennessee child support is governed by Tenn. Code § 36-5-101(e) and the Tennessee Child Support Guidelines at Tenn. Comp. R. & Regs. 1240-02-04, administered by the Department of Human Services. Tennessee transitioned from a Percentage of Income to an Income Shares model effective January 18, 2005.

1. Income Shares Calculation

Determine each parent's monthly gross income (Rule 1240-02-04-.04(3)) — wages, commissions, bonuses, self-employment net, severance, pensions, Social Security disability/retirement, unemployment, workers' comp, gifts, prizes, etc.

Combine to get Combined Adjusted Gross Income.

Read the Basic Child Support Obligation (BCSO) from the Child Support Schedule appended to the Guidelines.

Each parent owes a Pro Rata Share by income.

Add add-ons — work-related childcare, child's health insurance, recurring uninsured medical.

Apply parenting time adjustment for the ARP.

2. Parenting Time Adjustment (Rule 1240-02-04-.04(7))

The Alternate Residential Parent (ARP) receives a credit for parenting time exceeding the standard. The standard is 80 days; significant additional days reduce support proportionally. At ~50/50, support is based on the difference in incomes.

3. Standard Parenting Time

Defined as 80 days/year. Below 92 days = standard parenting; 92+ days triggers parenting-time adjustments via the worksheet.

4. Self-Support Reserve

The Guidelines include a Self-Support Reserve equal to 100% of the federal poverty level for one person to ensure the obligor retains subsistence income.

5. Duration (Tenn. Code § 34-1-102)

Support continues until the child:

Reaches age 18, OR

Graduates from high school if still enrolled at 18 (not past 19 or graduation, whichever first).

A severely disabled child may receive lifetime support under § 34-1-102(b).

6. Modification (Tenn. Code § 36-5-101(g))

Modification requires a significant variance between the existing order and the amount that would result from applying the current guidelines:

For most orders: 15% variance.

For low-income obligors (< $10,400/year gross): 7.5% variance.

Title IV-D agency conducts 3-year administrative reviews.

7. Imputation of Income (Rule 1240-02-04-.04(3)(a)(2))

Voluntary unemployment/underemployment allows imputed income, with a statutory presumption of:

$43,761/year for a male

$35,936/year for a female (figures revised periodically by DHS based on Tennessee median earnings).

This is legal information, not legal advice.