Legal Question in Family Law in Tennessee

Re: Child Support

Child support cannot be waived; even if 50/50 visitation, court would require non-custodial parnet to pay something to support child. However, "Deviation from the guidelines may be appropriate in other cases when the court finds it is in the best

interest of the child including, but not limited to, the following:

(b) In cases where physical custody of the child(ren) is more equally divided between the parties

than occurs in a situation where one party has an average amount of overnight visitation as

defined in 1240-2-4-.02(6)."

Re: Child Support

When the child's time is spent 50% with each parent, then it is rare to find cases where there is a required child support payment. To the contrary, I am familiar with several cases in our local county where a 50% custody by both parents eliminated the burden of child support on either parent. If you start out with a situation where one party in paying child support, and then the custody changes to 50% with each parent, then it is necessary to get the court to sign an order modifying the existing child support order. In other words, parties cannot sit on their rights. The court expects you to petition to modify the support order when the custody arrangement changes.