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Helton Law Firm, PLLC

Requesting a modification in child support

Tennessee parents who pay child support might need to have the amount modified if their financial situation changes adversely. This could happen because of an unexpected medical emergency or a job loss. However, parents who stop paying support will continue to owe arrears until a court has made the modification. These arrears cannot be discharged in bankruptcy. Therefore, a parent should make it a priority to request the modification. The parent might want to seek legal advice about how to do so.

If the other parent agrees to the modification, this may make the process less difficult. Mediation may be an alternative to litigation if parents cannot reach an agreement. A person can only ask for a modification after a child support order is in place.

A parent might need to document the circumstances around the need for the modification. This could include details about household income. Until the amount is modified, the parent should continue paying as much as possible. The motion needs to be filed with the appropriate court, and if the modification is approved, the court will issue a new child support order.

In some cases, parents may feel they are not receiving enough in child support. While states have guidelines that decide how much child support a parent will pay, this may vary depending on factors such as how income is determined and what financial hardships either parent is facing. Therefore, parents who feel they are paying too much or too little child support might want to discuss the situation with an attorney.

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