Tennessee Child Support Goes Up if Less Than 68 Days Per Year Parenting Time
Under the Tennessee Child Support Guidelines, the alternative residential parent’s (ARP’s) child support increases if the APR enjoys less than 68 days per year parenting time. In a rather confusing description of the math below, the Guidelines increase child support if the alternate residential parent (ARP) has less than 68 days. This comes into play most often if the ARP is out of town and must travel a significant distance for parenting time limiting the normal parenting time less than every other weekend. In those situations, the alternative residential parent should work hard to make up as much parenting time in the Summer as is possible. Also, in order to modify child support, see how the adjustment affects calculating percentage changes for determining if there is sufficient a change of circumstances.
(i) Increase in Child Support Obligation for Less Parenting Time.
1. If the ARP spends sixty-eight (68) or fewer days per calendar year with the child(ren) in the case, or an average of sixty-eight (68) days with all applicable children, the ARP’s child support obligation may be increased for the lack of parenting time. The first step in calculating the increase is to determine the number of days fewer than sixty-nine (69) the ARP spends with the child and then divide this number of days by three hundred sixty-five (365). For example, if the ARP has sixty-eight (68) days of parenting time, the percentage of days is 0.002739726 [69 – 68 = 1; 1/365].
2. The second step is to multiply the percentage of days by the ARP’s share of the BCSO. For example, if the ARP’s share of the BCSO is one thousand two hundred dollars ($1,200), and the parenting time is sixty-eight (68) days, the increased share of support is three dollars and twenty-nine cents ($3.29) [0.002739726 x $1,200 = $3.29].
3. The increased share of support is added to the ARP’s share of the BCSO resulting in the adjusted BCSO. Continuing the example from above, the ARP’s increased BCSO is one thousand two hundred three dollars and twenty-nine cents ($1,203.29). [$1,200 + $3.29]
4. The presumption that less parenting time by the ARP should result in an increase to the ARP’s support obligation may be rebutted by evidence.
(i) In an action to modify an existing child support order to reflect a change in parenting time, the parent seeking the credit must prove a significant variance pursuant to 1240-2-4-.05 when comparing the current order to the proposed order with application of the parenting time adjustment.
Tennessee Child Support Guidelines, August 2008.
Memphis divorce attorney, Miles Mason, Sr., JD, CPA, practices family law exclusively with the Miles Mason Family Law Group, PLC in Memphis, Tennessee serving clients in Germantown, Collierville and the west Tennessee area. To learn more about Tennessee child support laws, read and view:
- Tennessee Child Support & Divorce Law Answers to FAQs
- How to Modify Child Support in Tennessee
- Tennessee Child Support Law Video Series
- Tennessee Child Support Resources
- Top 6 Tennessee Child Support Strategies