Caring for children is one of the most important factors to consider when a Tennessee couple divorces. That care includes proper funding for their daily lives, medical coverage and more. When there is a divorce agreement and children are part of it, there will generally be an order of child support from the noncustodial parent to the custodial parent. As time passes, the support order might not be sufficient. This can be from the perspective of the supporting parent or the parent who is receiving support. Understanding when child support can be modified and how to go about making a change is an important part of the process.
To change an order, there must be what is known as a significant variance. When there has been a complete review within two years of the request, the party asking for the review must give information that shows a change or there cannot be a new review. There are many issues that will count as a change of circumstances. A change of circumstance could include: if either of the parents is legally responsible for another child; if either of the parties has a child who has been emancipated or is deceased; there has been a significant income change either positively or negatively; or there is a child who is being supported who has become disabled. Other issues can also warrant a modification.
For significant variance, there must be a minimum 15 percent difference between the proposed amount and what the existing order says. Those who are low-income must have a 7.5 percent difference. The parties will need to provide their income information, so it can be decided if there should be a modification.
After a divorce, parents will want to make sure their children are taken care of in the best way possible. Situations sometimes come up where there is a need to modify a child support order. To do so, it is critical to understand the law and the requirements. A law firm experienced in divorce issues can help.