How to Modify Child Support in Tennessee: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify Tennessee child support, file an action for modification and mail notice to the other party. Support due before then cannot change, so file and mail the notice as soon as your circumstances change.

How do you modify child support in Tennessee?

1. Run the guideline amount on the worksheet with current evidence, using the Tennessee child support calculator and test the gap in the modification calculator (1240-02-04-.05(3)).
2. File an action for modification in the court that has the order, or ask the Department of Human Services if it is enforcing your case (36-5-101(g)(1)).
3. Mail notice to the other party’s last known address.
4. Show the significant variance with income records and the worksheet.
5. Keep paying the existing order until the court changes it.

Why does notice matter?

Because no ordered support is modifiable for any period before an action for modification is filed and notice has been mailed to the last known address of the opposing parties (36-5-101(f)(1); 1240-02-04-.05(8)). A change in January and a filing in July leaves six months at the old amount.

Do I have to use the worksheet?

Yes. To decide whether a modification is possible, the order is first calculated on the child support worksheet with current evidence, and the presumptive amounts of the current and proposed orders are compared, leaving out any deviation (1240-02-04-.05(3)). Bring recent pay records.

Can the Tennessee state agency start a review?

Yes. When the Department of Human Services learns of a change in circumstances of either party in a Title IV-D case, it may review and seek an adjustment to the extent the guidelines require (36-5-101(g)(5)), and a support order it enforces may be modified under 36-5-103(f) (36-5-101(g)(1)).

What must I tell the Tennessee court about myself?

Each party must file the court and the department with identifying and location information, including addresses, phone numbers, driver license number, employer and gross annual income, and update changes within ten days (36-5-101(c)(2)(B)). Keep it current.

Does the court look at the other parent’s other children?

The guidelines allow credits for other children the obligor supports, and the statute says the allocation for all children the obligor is legally responsible for and supports is made under the guidelines (36-5-101(e)(4)(B)). Bring birth certificates and proof of support.

Can I modify in Tennessee if I owe arrears?

Yes. The court may not refuse to consider modifying future support because you are in arrears, unless the arrearage is the result of your intentional action (36-5-101(g)(3); 1240-02-04-.05(4)).

Can I ask for the changes together with a custody change?

The statute lets a modification address future payments, and a parenting time adjustment counts only with a significant variance; ask a licensed Tennessee attorney how to combine requests so notice is mailed once.

Do Tennessee parents need the court to approve an agreed change?

Parties who agree to modify support must comply with the guidelines and submit completed worksheets with the agreed order; the rules treat an agreed order in compliance as a significant variance ground (1240-02-04-.05(2)(b)). Court approval is required before child support may be reduced, unless a valid agreement automatically reduces it (36-5-101(c)).

How much does a late filing cost? An example

If you file 3, 6 or 9 months after your change, the relief you lose at a $300 monthly difference is:

What happens to unpaid support while the case is pending?

It stays owed as a judgment. See whether Tennessee arrears expire or can be forgiven and add up your balance.

Frequently asked questions

Official sources

• Tenn. Code 36-5-101: decree for support; modification; enforcement
• Tenn. Comp. R. & Regs. 1240-02-04: child support guidelines (version revised 2008)
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

This is general information, not legal advice. It is based on the cited Tennessee statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Tennessee attorney.