Child Support Modification

Memphis Child Support Modification Lawyer It is rare for a child support obligation to continue unmodified for the duration of the child’s life. A child support obligation order entered by the court is able to be modified at certain points...

Memphis Child Support Modification Lawyer

It is rare for a child support obligation to continue unmodified for the duration of the child’s life. A child support obligation order entered by the court is able to be modified at certain points in time as the situation of the parties changes. A modification of an existing child support order can be initiated by either party, by the court, or by the Department of Human Services.

Just as legal counsel is recommended to ensure an initial child support order is properly calculated, legal counsel can help you to determine whether your existing child support order is capable of being modified. Douglass & Runger, PLLC, Attorneys at Law, can assist you in making this determination.

When Can A Child Support Order Be Modified?

A child support obligation should be able to be reviewed every two years or so. If the income, expenses, or situation of the parties has changed, a modification of the child support order will be entered. If one party seeks a modification of an existing child support order sooner than two years, that party bears the responsibility of showing there is a significant variance between the existing order and the proposed modified order. In most cases, a “significant variance” is defined as a 15% or greater difference between the existing order and the new order. For example, if a current child support obligation is set at $100.00 per month, a significant variance would exist if a new order calculated under current information for the parties would be either $85.00 per month or $115.00 per month.

An important exception to the “significant variance” requirement relates to the healthcare of the child. If the child’s health situation requires (i.e., the child becomes disabled or requires significantly more medical treatment due to a newly-diagnosed condition), a child support obligation can be modified at any time.

Parents Cannot Avoid Paying Child Support Obligations

A modification of an existing child support order is generally only available where there is a genuine variance. That is, one parent or the other cannot voluntarily change his or her circumstances solely in order to change the child support obligation. This general prohibition prevents child support orders from being modified where, for example, the obligor parent (the one required to pay child support) quits his or her job in order to reduce his or her obligation. Similarly, the custodial parent cannot quit his or her job solely to increase the amount of support the other parent must pay.

CHILD SUPPORT ORDERS CAN BE MODIFIED, HOWEVER, WHERE ONE PARENT:

  • Receives a raise or experiences an increase in income that is projected to last;
  • Receives a demotion, is laid off indefinitely, or is fired (so long as this is not done solely to avoid paying a child support obligation);
  • Bears a child belonging to the parties (if, for example, the mother was pregnant at the time the original child support order was entered for the parents’ existing children and the new child is determined to be the child of the parents);
  • Becomes permanently disabled or temporarily disabled for an extended period of time;
  • Loses health insurance through his or her employer that had also covered the child; and/or
  • Other voluntary and involuntary life changes.

A Dedicated Memphis Child Support Modification Attorney Is Ready To Help You

Determining whether the income of the other parent has changed sufficiently to warrant a modification in the child support order can be tricky. There are methods whereby a Memphis child support modification lawyer, such as those at Douglass & Runger, PLLC, Attorneys at Law, can help in determining whether grounds for a modification exist. Contact them at (901) 388-5805 and learn whether your child support order is ripe for modification.

Related practice areas

Adoptions
Memphis Adoption Attorney For Tennessee couples who are unable to have their own children, or for a parent who is...
Alimony
Memphis Alimony Attorney When divorcing spouses have been married for an extended period of time, or where one spouse has...
Child Custody
Memphis Child Custody Lawyer Divorce is a complicated and emotional matter, the difficulties of which are compounded when the divorcing...
Child Support
Memphis Child Support Attorney Every parent in Tennessee is presumed to have an obligation to support and care for the...
Contempt Matters
Memphis Contempt Matters In an ideal world, a court would order one party in a divorce or family law proceeding...
Divorce
Memphis Divorce Lawyer Divorce is the legal process whereby a marriage is terminated and the parties are no longer considered...
Mediation | ADR
Attorneys for Rule 31 Alternative Dispute Resolution in Tennessee Family Law Cases When a couple gets a divorce, they are...
Military Divorce
Family Lawyers Helping Service Members Facing Divorce in Tennessee The men and women of the United States armed forces put...
Orders Of Protection
Memphis Orders Of Protection Lawyer According to the Centers for Disease Control and Prevention and other federal agencies, as many...
Paternity Suits
Memphis Paternity Suits Lawyer A child is generally recognized to need the presence and influence of its parents in order...
Prenuptial Agreements
Memphis Prenuptial Agreements Lawyer In a perfect world, perhaps there would be no divorce or, if divorce did occur, individuals...
Visitation
Memphis Visitation Attorney When two parents divorce in Tennessee, one parent is designated the “primary residential parent” and is awarded...

Case Evaluation

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

In need of immediate legal assistance?

2023 LAW FIRM 500 WINNING FIRM

We are proud to announce that Douglass & Runger, PLLC has been honored by Law Firm 500 as the 14th fastest growing law firm in the nation for 2023. This prestigious accolade is a testament to our unwavering commitment to our clients in the domains of family law, probate, and estate planning over the past three years.

Our success story is woven from the tireless efforts of our dedicated team, who consistently go above and beyond to make a difference every single day. Leading and evolving our firm over the years has been a challenging yet exhilarating journey. In 2021, we made the bold decision to completely revamp our practice, recognizing that the methods which served our clients in the past needed to evolve. While these changes were accompanied by a myriad of emotions and significant investments, the outcome has been nothing short of remarkable, marked by immense growth and an enhanced capacity to serve our clients.

Case Evaluation

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.