When parents go through a divorce or separation in Tennessee, child support is often a key part of the arrangement. But what happens when one parent wants to relocate—whether it’s to a different state or just a few counties away? Does it affect child support payments?
Serving Shelby County, Tennessee, Attorney Theresa D. Childress is here to help. As a family law lawyer, we’ve seen how a relocation can complicate child support arrangements. While it’s easy to assume that a simple move won’t have much of an impact, the reality is often more nuanced.
Relocation can lead to changes in custody, visitation, and, yes, child support payments. Understanding how this works and when modifications need to be made can make a huge difference in protecting your rights and your child’s best interests.
Before going into the impact of relocation, it’s important to understand how child support is calculated in Tennessee. Child support is determined by the Tennessee Child Support Guidelines, which set out a formula that factors in both parents’ income, the amount of time the child spends with each parent, and any special needs the child may have.
The goal of these guidelines is to make sure children’s needs are met after a divorce or separation and that both parents contribute financially to their upbringing. The guidelines take into account various factors, including:
Gross income of both parents
Parenting time (the amount of time the child spends with each parent)
Extraordinary expenses such as healthcare, education, or special needs
Child’s age and whether there are any special circumstances that affect the child’s needs.
In some cases, the judge may deviate from the guideline amount if there are special circumstances, but this is the starting point for determining how much child support will be paid.
When one parent wants to relocate, the first question that comes up is often how this will affect custody and visitation. Tennessee law requires that if a parent wants to move with the child more than 50 miles away, they must get permission from the other parent or from the court. This is true even if the move is within Tennessee or to another state.
The relocating parent must provide notice to the other parent about the intended move. If the other parent objects to the relocation, a hearing will likely be scheduled where both parents can present their case. The court will consider several factors when deciding whether the relocation is in the child’s best interest, including:
The reason for the move
The child’s relationship with both parents
The impact the move will have on the child’s schooling, friendships, and community life
The potential for a meaningful relationship with both parents after the move
Even if the relocation is approved, it’s important to understand that the move can still impact child support. For example, if the relocation changes the amount of time the child spends with each parent or leads to increased costs for travel, the court may find that a modification of the child support order is needed.
So, how does relocation specifically affect child support? There are a few key points to consider:
One of the biggest factors in determining child support is the amount of time the child spends with each parent. If a parent moves far away, the child’s time spent with each parent will likely change. In many cases, this could result in the non-custodial parent spending less time with the child, which could lead to a modification of child support.
For example, if the custodial parent relocates to another state and the child spends more time with the non-custodial parent, child support may be adjusted to reflect the new parenting time arrangement. On the other hand, if the non-custodial parent moves away and has less time with the child, it may also result in a reduction of the child support amount.
A relocation can also lead to increased travel expenses for the non-custodial parent. For example, if the custodial parent moves to another state, the non-custodial parent may need to cover the cost of flights, gas, or lodging in order to visit the child. In these situations, the court may consider adjusting the child support amount to account for these additional costs.
However, it’s important to note that the mere fact of relocation doesn’t automatically trigger a change in child support. There needs to be a clear and documented reason for the change, such as significant travel expenses or a drastic change in parenting time.
In some cases, a parent may relocate due to a new job, which could affect their income. If the parent who moves experiences a significant increase or decrease in their income, this may also impact the child support calculation.
For example, if the relocating parent takes a higher-paying job in a new city, they may be required to pay more in child support. Conversely, if the relocation leads to a job loss or income reduction, the child support amount may be adjusted downward.
When a relocation is proposed, there are several factors the court will take into account before deciding if a modification in child support is warranted:
Distance of the move: A move across town might not significantly impact child support, but a move to another state could have a bigger effect on the amount of time the non-custodial parent spends with the child.
Income changes: If the relocating parent’s income changes after the move (due to a job change or other reasons), child support payments might need to be adjusted accordingly.
Parenting time: If the relocation changes the amount of time the child spends with each parent, it may impact the child support calculation.
Every case is different, so it’s important to work closely with a family law lawyer to understand how the specifics of your situation will be handled.
Here are a few common scenarios where relocation has affected child support payments:
Scenario 1: The custodial parent relocates within Tennessee, and the non-custodial parent sees the child less frequently. In this case, the child support payments might be reduced to reflect the change in parenting time.
Scenario 2: The non-custodial parent moves to another state and must cover the costs of frequent travel to maintain their relationship with the child. The court might increase the child support payments to cover these added expenses.
If you believe that your child support payments should be modified after a relocation, you’ll need to request a modification through the court. This typically involves filing a petition to modify child support and demonstrating that there has been a significant change in circumstances, such as a relocation that impacts parenting time or travel costs.
A family law lawyer can help guide you through the process and make sure that all necessary documentation is filed and that your case is presented effectively to the court.
By understanding the potential effects of relocation on child support, you can take the right steps to protect your rights and your child’s future. Located in Memphis, Tennessee, Attorney Theresa D. Childress serves clients throughout Shelby County, including Lenox, Tennessee; Nonconnah, Tennessee; Germantown, Tennessee; Bartlett, Tennessee; Arlington, Tennessee; Millington, Tennessee; and beyond. Reach out today to get started.
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