Legal Question in Family Law in Tennessee

Child Support Increase and Primary Custodial Parent Relocation

What is TN law regarding child support increase? My divorce is 4 years old and I am still recieving the same amount of support despite my ex's income increase. Are my kids entitled to an increase in support as it relates to their father's increase in ability to suppport?

I am primary custodial parent (joint custody though). I am interested in moving out of state for employment oppurtunity. Can the father of the kids legally prevent me? Do I need to notify him in advance of the move?


Asked on 1/06/01, 10:07 am

2 Answers from Attorneys

Holland McKinnie T. Holland McKinnie, PC

Re: Child Support Increase and Primary Custodial Parent Relocation

Generally speaking, the father's income should show an upward deviation of at least 15% (since his income level at the time of the previous order regarding support) for the children to be entitled to an increase in child support.

If you intend to move out of state with the children, there is a statute now in Tenn. which will require you to give certain notices. Of course, any specific language in your divorce decree would have to be also considered. You at least are going to be obligated to give notice of your intent. You should speak to a competent attorney regarding these questions.

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Answered on 1/10/01, 9:23 am
David Waldrop Holley, Waldrop, Nearn & Lazarov P.C.

Re: Child Support Increase and Primary Custodial Parent Relocation

You need to give your ex-husband notice of your intent to relocate the children. I would send the notice by certified mail and advise you ex-husband

of the date you intend to re-locate, where you are going to re-locate and why. You need to state in your letter that if he has any objection that he must file a petition in opposition to the move within 30 of receipt of your letter or otherwise you will proceed forward with the re-location. You will also need to adjust the visitation schedule and possibly the child support which will require a court order.

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Answered on 1/10/01, 10:00 am


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