This is false. In Tennessee, both parents can have joint physical and legal custody. This means the child will stay with each parent a fair portion of the year and each parent will have input as to how the child is raised. Still, in most cases, joint custody means that a child will spend the bulk of time with one parent over the time spent with the other parent — as set forth in a parenting plan.
Homes cost money. The care and feeding of a child costs money. Child support orders will consider the time the child spends with each parent and the income of each parent. The duty to pay child support may continue beyond 18 if there is an agreement by the parents to extend the time — for example to pay for college for a child. Even if there is no agreement, there may be a duty to pay for child support beyond 18 if the child is still in high school or the child has special needs.
Courts are only concerned in what is best for the child. In the same way, if a parent loses a job, then the parent who is out of work can request that the child support be reduced — provided the parent aggressively looks for new work. A child support order will not be reduced if a parent just quits their job. Child support payments are not tax deductible. Assume that there is already a child support order in place as part of a divorce, legal separation, or child custody case.
The parents are legally responsible for the support and maintenance of their child, at least until one of the following two events comes to pass:. There are other considerations to keep in mind, such as providing for a disabled adult child, emancipation of a minor, or a child support agreement between the parties for example, an agreement to continue payments so long as the son or daughter is enrolled in college full time.
If we are talking about an order to support only one child, then the obligor-parent may request termination of child support when that child graduates from a regularly scheduled high school class, or turns 18, depending upon which is second to occur.
The parent should seek termination of the support order from the family court. Which means nonpayment could result in an arrearage, among other things. Plus, this final order could and hopefully will officially state that all payments due were paid and no support remains unpaid.
Of course, child support orders often provide for more than one child. When the first child reaches age 18 and graduates from high school, then the obligor-parent should reflect on the possibility of filing a motion to modify child support. Modifying child support orders requires consideration of many factors, including a change in the need for support and the existence of any arrearage.
This may seem counterintuitive at first blush, but having one child leave the nest does not necessarily mean child support will be substantially reduced. Say there are three children under the support order when the oldest graduates from high school at age It is the legal age when an individual is no longer a minor and can make certain legal decisions on their own. This means that your child support garnishment or your obligation to send money will continue until you petition the court and receive a court order to stop payments.
In Tennessee, the procedure for stopping payments varies by county. Some counties require a simple filing motion, whereas others require that you file a petition to terminate support, which is a longer process. To avoid overpayment, it is best to plan ahead. Flexer Law has been serving the legal needs of Middle Tennessee residents since If you need assistance filing a motion or petition to stop child support, contact Nashville child support attorney Lewis Williams at
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