Terminating Child Support in Tennessee
As parents who exercise primary custody of their child well know – child support payments are not a “boon.” Nor are they superfluous, unnecessary hindrances meant to bog down the child’s other parent. Child support is what the courts see as a necessary financial commitment to ensure that a child has what is required for their best interests to be served. Because child support is seen as necessary in the vast majority of cases, circumstances where child support can be terminated are uncommon. However, circumstances where canceling a support order is appropriate do exist.
Determining Child Support
Although child support laws differ in each state, Tennessee will make a determination regarding the amount of the child support in a particular case based on what serves the child’s best interest, the amount of time the child lives with each parent, as well as each parent’s income and financial obligations. Tennessee does not permit the parent with primary physical custody of a child to refuse to accept the child support payments. This is because the court has pre-determined that the amount set forth in the child support order is what is necessary to ensure the child’s best interests are served. A child support order is an official court order – this means that any change in a child support obligation needs to be done in conjunction with the courts.
When Can Child Support be Terminated?
Child support obligations in Tennessee naturally cease when a child reaches the age of eighteen. This is the general rule, of course, and exemptions exist. For example, in Tennessee even if a child turns eighteen, if they are still attending high school then child support will likely still be required until the child graduates or turns nineteen years old.
How Can I Stop Paying Child Support?
As touched on above, Tennessee parents cannot come to an agreement between themselves to waive a child support obligation. This means that a judge needs to be consulted and come on board with a request for a support order to be terminated, or even modified.
In order to be successful in a pursuit to stop paying child support in Tennessee, a parent must demonstrate that there has been a significant, material change in circumstances that has taken place since the child support order was placed.
For example: if the parent who was originally ordered to pay child support now has primary custody of the child – the court may be convinced that the burden has shifted, and the parent originally obligated to pay child support should no longer be bound to that order.
Other events that can trigger the end of child support obligations include:
- Emancipation: emancipation is legal independence from a parent. A child may become emancipated via numerous different life events: such as getting married, enlisting in the armed forces, or becoming self-sufficient. An experienced Tennessee child support attorney can help you understand the nuance and complexities inherent in these cases and how they may apply in your own case.
- Court Order: A court can issue an order that terminates child support in certain circumstances, such as a parent’s rights being terminated.
- Death: In the unfortunate event of the death of a child or parent obligated to pay child support, the child support obligations will also cease.
Contact Fort, Holloway & Rogers
An experienced child support attorney can help you determine whether your circumstances may warrant a reduction or termination of a child support obligation. Contact the esteemed Franklin child support attorneys at Fort, Holloway & Rogers for help in analyzing the complexities in your own case.
Sources:
pagesix.com/2024/11/12/parents/britney-spears-may-have-to-pay-sons-expenses-after-child-support/
selfhelp.courts.ca.gov/emancipation
