General
Source: Tenn. Comp. R. & Regs. Dep’t Human Services §§ 1240-24-.01 to 1240-2-4-.04
Last Updated:
Authority: Statute
Guidelines Model: Income Shares
Economic Study: Betson-Rothbarth 2001
Income Base: Net Income
Guidelines Responsibility:
Guidelines Approval:
Last Guidelines Review ( )
Previous Guidelines Review ( )
Basic Child Support Obligation (BCSO) Schedule
Last Updated:
Income Base: Net
Frequency: Monthly
Income Measure: Monthly Combined Adjusted Gross Income
Children Categories: One Child, 2 children, 3 children, 4 children, Five+ children
Minimum Income Bracket: $150.00
Maximum Income Bracket: $28,250
More than Maximum Income: In excess of Maximum, use the following:
-One child – $2,231 plus 6.81% of all income in excess of Maximum
-Two children: $2,803 plus 7.22% of all income in excess of Maximum
-Three children: $2,954 plus 7.77% of all income in excess of Maximum
-Four children: $3,294 plus 8.05% of all income in excess of Maximum
-Five+ children: $3,624 plus 8.66% of all income in excess of Maximum
Child Support Schedule Factors/Assumptions/Adjustment
Age: No
Cost of living:
Expenditures Measurement:
Low-Income: Yes (but not labeled as SSR)
Medical Expenses: Not included in child support table
Parenting Time: Adjustment(Credit) based on average amount of time
Poverty Level: $10,400 per year for one person
Price Level: 2004
Subsequent Children:
Taxes: None
Low-Income1
SSR/LI Adjustment Amt: FPL of $10,400 gross annual income/one person
Discretionary: Yes
SSR/LI Adjustment Application: Low-income person is either parent with annual gross income at or below FPL
Deviation Criteria: Low-income deviation may be considered if either party’s income is at or below FPL.
Threshold Income: N/A
Limitations: No adjustment that seriously impedes obligator’s ability to provide their own subsistence needs
Minimum Child Support Amount: $100/monthly
Limitations on Minimum Child Support Amount: Court may deviate below minimum as appropriate
Notes: N/A
Deviation Factors
1240-2-4-.07 DEVIATIONS FROM THE CHILD SUPPORT GUIDELINES
Extraordinary educational expenses
Medical Expenses
Ordinary:
Extraordinary:
Childcare Expenses
Added to Basic Child Support Obligation
Education Expenses
Added to Basic Child Support Obligation
Modification
Variance in child support at least 15%
Termination5
Age of Majority: 18 years of age
Ends: unless child is still in high school; then in such cases emancipation occurs when child graduates from high school or when class child is in when he/she reaches 18 graduates.
Statute: Tenn. Code Ann. §34-1-102
Duty to Provide College Support: No statute or case law holding parents to a duty to college support in the absence of an agreement
Citation: See also Nash v. Mulle, 846 S.W.2d 803 (Tenn. 1993)(the extent to which a trust fund established during the child’s minority for her later college education is permitted).
Criminal Penalties for Nonpayment3
Citation: Tenn. Code Ann. § 39-15-101 Tenn. Code Ann. § 40-35-111
Crime: Class A Misdemeanor (nonsupport); Class E Felony (flagrant nonsupport)
Maximum Penalty: 11 months, 29 days, $2,500; 6 years, $3,000
Interest and Arrears4
Arrears: Yes
Summary: 12% per year Interest shall no longer accrue on or after April 17, 2017, unless the court makes a written finding that interest shall continue to accrue.In making such finding, the court shall set the rate at which interest shall accrue after consideration of any factors the court deems relevant; provided, that the interest rate shall be no more than 6% per year.
Statute: Tenn. Code § 36-5-101
License Restrictions for failing to pay Child Support2
Citation:
Type:
Threshold:
Reinstatement:
State Contact
Name: Ms. Danielle Barnes
Title: Department of Human Services Commissioner
Email:
Phone Number: (615) 253-4394
Address: 505 Deaderick Street, Nashville, TN 37243-1403
Links
Child Support Calculator
Child Support Guidelines
FindLaw
References
1Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
2https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
3https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
4https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
5https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx