How do I get out of paying child support in Tennessee?

Asked by: Stan Weimann  |  Last update: June 9, 2025
Score: 4.6/5 (71 votes)

Depending on which comes last, when the child reaches the age of 18 or graduates high school, child support payments end. This process must begin by going through the court rather than stopping payments immediately. At this stage, the noncustodial parent must file to terminate child support in family court.

What is the new child support law in Tennessee?

Changes found in the new Guidelines include a more expansive definition and details of what counts as “gross income” and greater guidance on what to consider when calculating imputed income for a parent, meaning income the parent could be expected to earn with reasonable effort.

Can parents waive child support in Tennessee?

By law, parents are not permitted to waive child support and the court will typically reject any plan that includes an amount below the guideline. Until the child reaches the age of 18, the noncustodial parent is required to pay monthly installments to the custodial parent.

How far behind in child support before you go to jail in Tennessee?

There is no set number of missed child support payments that will send a parent to jail. However, you are probably risking jail time if you miss three months of payments in a row. Typically, delinquent parents will only be sent to jail if they don't have a job to lose or are repeat offenders.

Can parents agree to no child support?

Can California Parents Agree That Neither Needs to Pay Child Support? California child support laws state both parents are mutually responsible for the support of their children. This means, technically, parents do not have the authority to waive or eliminate child support obligations, even if both parents agree.

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Can fathers opt out of child support?

In some states, a non-custodial parent can opt out of paying child support even though the custodial parent expects payments. But this is usually only possible if the non-custodial parent is willing to completely give up his or her parental rights of the child.

Is child support unconstitutional?

No. Child Support is not Unconstitutional. It is a state issue covered by the state constitutions and state laws.

How to get out of paying child support in Tennessee?

Depending on which comes last, when the child reaches the age of 18 or graduates high school, child support payments end. This process must begin by going through the court rather than stopping payments immediately. At this stage, the noncustodial parent must file to terminate child support in family court.

How to beat contempt of court for child support?

Below, our child support attorney identifies three ways you can fight back against a contempt charge.
  1. Pay Your Child Support Arrears. A straightforward strategy is to catch up on child support. ...
  2. Argue Your Violation Was Unintentional. ...
  3. Request a Modification of Child Support. ...
  4. Let Us Help.

Is child support negotiable in Tennessee?

Modification of Tennessee Child Support Orders

If the amount of child support is inadequate, excessive, or if the child's situation has changed (perhaps needing mental health counseling), then either parent may ask the court to modify the amount of support. Child support cannot be modified retroactively, however.

How to file a motion to terminate child support?

How to fill out the Motion to Terminate Child Support?
  1. Review the eligibility conditions for terminating child support.
  2. Gather necessary documentation such as birth certificates and marriage licenses.
  3. Complete the Motion to Terminate Child Support form.
  4. Fill out the Support Intake Sheet accurately.

Can child support arrears be forgiven in TN?

“Debt Compromise” is where the custodial parent (CP) and the non-custodial parent (NCP) enter into a legal agreement known as an “Agreed Order of Compromise and Settlement of Child Support Arrears.” This forgives some or all of the arrears owed to the CP.

Does signing over parental rights stop child support in Tennessee?

Tennessee courts will not allow biological parents to terminate their parental rights simply to avoid making child support payments. Parental rights are most often terminated in adoption cases.

Can you refuse child support in Tennessee?

If a parent willfully refuses to pay child support, he or she can be jailed as punishment. This is a little different than civil contempt, where jail is used to coerce a delinquent parent to pay. Here, jail is ordered to punish the parent.

Does filing for child support give the father rights?

Yes, the father has a legal obligation to support the child and pay support but putting himself on child support does not just entitle him to visitation. He could just as easily agree with the mother on support and pay her and file for visitation if she were to not allow for it.

What is the maximum child support for one child in Tennessee?

One child – $2,100 per month. Two children – $3,200 per month. Three children – $4,100 per month. Four children – $4,600 per month.

Can you lose custody for contempt?

In extreme cases, repeated contempt of court can lead to the loss of custody rights. Suppose a parent continually violates court orders and is unwilling to comply with the court's authority. In that case, the judge may award sole custody to the other parent to protect the child's best interests.

Can I sue for unpaid child support?

The laws on suing for back child support differ from state to state. Some states have a statute of limitations on enforcing a court order. In California, a parent or child has 10 years to launch a lawsuit. 10 years past the child's 19th birthday, if the child was in high school past their 18th.

What is the best defense for contempt of court?

Common Defenses for Contempt of Court Charges
  • Unintentional violation of the court order.
  • No ability to comply with the court order.
  • Lack of knowledge of the court order.
  • False accusation of disobeying the court.

How to file a motion to terminate child support in Tennessee?

File a Petition to Terminate Child Support: The paying parent must file a petition with a family court requesting the termination of their child support obligation. This petition should include evidence that the child has reached the age of majority or has met the criteria for termination.

Can child support take your whole paycheck in Tennessee?

The amount you are permitted to withhold from an individual's income cannot exceed 50% of their net income (the amount after FICA, withholding taxes, and a health insurance premium that covers the child/ren have been deducted).

Is there a statute of limitations on child support in Tennessee?

Statutes of Limitations Related to Child Support in Tennessee. There is no statute of limitations when it comes to enforcing child support payments that are past due in the Volunteer State. There is, however, a time limit set on filing for the establishment of paternity.

Can you argue child support?

If the outcome is not desirable, there is always the option to appeal the decision and continue the process before the appellate court. However, it is usually in the best interests of everyone to just abide by the final decision of the court, and hope that it is a fair one.

Does the 14th Amendment protect parental rights?

More recently, this Court declared in Washington v. Glucksberg, 521 U.S. 702 (1997), that the Constitution, and specifically the Due Process Clause of the Fourteenth Amendment, protects the fundamental right of parents to direct the care, upbringing, and education of their children.

What state has jurisdiction over child support?

Under UIFSA, the state where the child resides primarily, known as the "issuing state," typically has jurisdiction over child support matters. However, if a support order has already been established in another state, that state generally retains jurisdiction unless certain conditions are met.