Tennessee Child Support Owed & Held Constitutional Even If Child Runs Away

Tennessee law case summary on constitutionality of child support in Tennessee divorce and family law from the Tennessee Court of Appeals.

In re Antar R.W. – Tennessee Child Support Laws Held Owed & Constitutional Even If Child Runs Away

This was an action for child support filed by the State of Tennessee against Dexter W., the father of fifteen year old Antar R. W.  Antar had been living with his adult half-brother, Justin Ratliff.  Mr. Ratliff had applied for child support enforcement against the father, and the petition sought both current and retroactive child support.

The father had previously been awarded custody of Antar after the boy’s mother fell into a coma.  According to the father, Antar had become rebellious and had run away numerous times.  Antar had run away most recently the year prior to the petition’s being filed, and had been living with the half-brother for several months.  The father claimed that the boy’s half-brother had been “harboring” the boy.  The father at the time also had four other minor children residing in his home.

Caps on Income and Percentages in TN Child Support

Caps on Income & Maximum Percentages in Tennessee Child Support

Caps and Maximum Percentages in Child Support in Tennessee

In Tennessee, a parent who owes child support will generally find their child support “capped” based on income at around $180,000 per year or so.  That doesn’t mean additional expenses (or other “add-ons”) won’t increase the overall support obligation, though.  It just means the parent receiving support will be required to carry the burden of proving the children’s needs for support to be awarded above the capped income amount. If you are trying to figure out how these caps might apply to you, work through several different scenarios using the child support worksheets to determine exactly how they may apply given each parent’s income and the nights the children spend with each parent.  Also, talk with your lawyer about Tennessee case law and examples of parents having to pay more than the caps for expenses like educational travel for children of affluent parents.

Mason Interviewed on Tennessee Father Owes Child Support for 21 Children

Tennessee Father Owes Child Support for 21 Children

Memphis divorce attorney Miles Mason, Sr. comments on Tennessee child support in the news.View the WREG Interview of Memphis divorce attorney Miles Mason, Sr. regarding father of 21 children not paying child support in Juvenile Court case. Sabrina Hall has the story.Here is the link to MemphisDivorce.com, the story, and video from WREG News Channel 3: Memphis Father of 21 Sometimes Pays As Little As $6 A Month.

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

Special Education Needs in Tennessee Child Support by Germantown Divorce Lawyer Miles Mason

In the Tennessee Child Support Guidelines, exactly what is meant by “special needs education” could be more clearly defined.  Most judges are likely to interpret the provisions in a way that makes logical sense on a case by case basis.  For example, a child with autism, severe learning disabilities, or serious physical challenges will assuredly be deemed to have special education needs.  There may be closer judgment calls when a child has educational needs such as tutoring fees or medication related to diagnosed ADHD. 

Tennessee Child Support Covers What? by Germantown TN Divorce Attorney Miles Mason

Tennessee Child Support Covers What?

This Tennessee child support article is for our divorce and family law clients and friends in Germantown, Collierville, and Memphis, Tennessee and the surrounding area.

The concept of what child support does cover, or should cover, is always a hot topic for debate.  What one parent sees as a bare necessity, the other may consider an unimaginable luxury.  Whether in a rural Northeast Tennessee county or in the heart of Germantown, Tennessee, what expenses child support is supposed to pay is the same because the law is the same even though the families may be quite different.  What it costs to raise children depends on the wealth of the parents and statistics of for Tennesseeans.

Tennessee Basic Child Support Obligation (BCSO)

Tennessee basic child support obligation (BCSO) is a building block for understanding Tennessee child support calculations

One of the core concepts within the Tennessee Child Support Guidelines is the Basic Child Support Obligation (BCSO).  This calculation forms the basis for the entire formula resulting in a child support amount owed.  The “Assumptions and Methodology”  make little sense to most (even a Memphis divorce attorney).  It is possible that an experienced Tennessee family law attorney could spend a lifetime litigating child support matters and the assumptions and methodology described below may never come up in a single case.  One never knows the following provisions from the Tennessee Child Support Guidelines describing the exact methodology, assumptions, and definitions including the Basic Child Support Obligation (BCSO) may be helpful in some context:

Tennessee Child Support Income Shares Model

When Tennessee promulgated the income shares model for its major overhaul of Tennessee child support guidelines in 2004 and 2005, it impacted thousands of Tennessee families. Though there was a great deal of criticism, especially from

Tennessee child support guidelines income shares model impacted thousands of Tennessee families

Tennessee family lawyers, there is no need to repeat them here.  It can be very helpful to know to Tennessee family lawyers and parents alike to take a moment and read what is written about the income shares model within the Guidelines itself.

Tennessee Child Support Guidelines’ Major Goals

If you find yourself in a dispute over the interpretation of a certain provision within Tennessee Child Support Guidelines, an additional argument you may consider is that your interpretation of the Guidelines is more consistent with the stated goals of the Guidelines, which are listed in Rule 1240-2-4-.01, as follows:

Definitions in Tennessee Child Support Guidelines by Memphis Family Lawyer Miles Mason

Definitions in Tennessee Child Support Guidelines by Memphis Family Lawyer Miles Mason

As with any legal dispute, definitions can have a huge impact on interpretations of contested provisions.  For example, see “Days,” below.  What a “Day” means impacts both child support calculations and relocation cases when determining how many “days” a parent enjoys residential time.

If you find yourself scratching your head about the application of a particular part of the Guidelines to your particular situation, remember to revisit the definitions.  The answer may be there.

Tennessee Child Support Internet Resources from Memphis Divorce Lawyers Miles Mason Family Law Group, PLC

Tennessee Child Support Internet Resources from Memphis Divorce Lawyers Miles Mason Family Law Group, PLC

Below are links to important Tennessee child support resources for additional learning:

Tennessee Child Support Guidelines – Guidelines download (courtesy of MemphisDivorce.com).

MemphisDivorce.com Child Support Page – Summarizes child support reference and information + link to Answers to Child Support Frequently Asked Questions.