Raising or Lowering Child Support
by Attorney Jes Beard
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            Child support only changes if there is a court order to change it.  If both parents agree to a change, sign an Agreed Order, present it to the judge handling the case, and the judge believes there is no effort to reduce support below the guidelines to give the non-custodial parent a break, most judges will routinely sign the Agreed Order changing support payments.
            If there is no agreement, the parent seeking the change must file a Petition to Modify, and must sign
an oath as part ot the Petition that all of the allegations are true and correct.  The Petition must also set out
what Tennessee refers to as "a significant variance in circumstances", and if sought based on a change in the non-custodial parent's income the change must be at least 15% (up or down, the same 15% is required).  To see the statute involved, TCA 36-5-101(a)(1), click here.  The percentage figure comes not by statute but instead by regulations issued by the Department of Human Services at Tenn.Comp.R. & Res. r. 1240-2-4-.o2(3).



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