Tennessee Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

In general, to request that a court modify child support, a parent's lawyer will draft a petition to modify child support alleging the necessary factual and legal requirements, will file that petition in the applicable court clerk's office, and will then have that petition served on the other parent.

A New Child May Result In a Modification Tennessee law makes it clear that such an event is a viable reason to seek a child support order modification. The law states that the birth or adoption of another child whom you're legally obligated to support constitutes a substantial and material change of circumstances.

The Guidelines are based on an Income Shares model that establishes the dollar amount of child support obligations based on the amount of parents' combined adjusted gross income and the number of children for whom the child support order is being established or modified.

If you want to modify your divorce agreement, you must demonstrate that there has been ?a substantial and material change in the circumstances? since the court entered the last order. The change can occur to you or the other party.

It is possible to modify child support in Tennessee, whether you are the payor or the payee. You need to demonstrate to a court that there has been a change that is both substantial and material since the time the original support plan was implemented.

In Tennessee, child support modifications can be made if ?significant variance? exists in the case. As provided by the Tennessee Child Support Guidelines, significant variance occurs when one parent's income, or the owed amount of child support, changes by an amount of 15% or more.

The Variance Test in Tennessee The number the courts will key in a support modification request is 15%. That means there should be a 15% change in either parent's monthly income.

Generally, the maximum child support a Knoxville parent will receive looks like this: One child ? $2,100 per month. Two children ? $3,200 per month. Three children ? $4,100 per month.

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Tennessee Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support