Modifying Child Support After Job Loss, Disability or Incarceration in Tennessee

By the FigureMyTax Editorial Team · How we calculate

Tennessee child support does not drop on its own after a job loss, and a downward change is not allowed if you are willfully and voluntarily unemployed. The guideline version we read treats incarceration as voluntary unemployment, while federal rules say it should not be.

Can you lower child support after a job loss in Tennessee?

Yes, if there is a significant variance, but not if you are willfully and voluntarily unemployed or underemployed. The Guidelines allow a downward modification only if the obligor is not willfully and voluntarily unemployed or underemployed (1240-02-04-.05(3)). File and mail notice promptly (36-5-101(f)(1)).

Does incarceration lower Tennessee child support?

In the version of the guidelines we read, revised 2008, criminal activity and incarceration do not provide grounds for reducing a support obligation and result in a finding of voluntary unemployment (1240-02-04). Federal rules since 2016 say incarceration should not be treated as voluntary unemployment when setting or modifying support (45 CFR 302.56(c)(3)). Tennessee’s rules may have changed, so ask a licensed Tennessee attorney which text applies to your case before relying on either.

Can the department review my case after a job loss?

Yes, in a state case the department may review and seek an adjustment to the extent the guidelines require when it learns of a change in circumstances (36-5-101(g)(5)). Call your caseworker and send proof.

Can unemployment benefits count as income?

The sections we read do not list benefit types, so ask the court how they count in the guidelines, and bring your award letter.

Do I have to report a job loss in Tennessee?

Yes. Each party must update changes in circumstances for the information on file with the court, and with the department in a state case, within ten days (36-5-101(c)(2)(B)). Do it the day the job ends.

What is a low-income provider?

A parent who is not willfully and voluntarily unemployed or underemployed and has an adjusted gross income at or below the federal poverty level for a single adult; for that parent the significant variance line is 7.5% instead of 15% (1240-02-04-.05(2)(d)).

Can I modify while I owe arrears?

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

How soon does a reduction start after I file?

Only for support due after the action is filed and notice is mailed (36-5-101(f)(1)); the court may take months to rule, so the effective date is the filing and mailing date, not the hearing date.

Is my job-loss claim weaker if I quit?

Yes. A downward change is not available if you are willfully and voluntarily unemployed or underemployed (1240-02-04-.05(3)). Document why the job ended and your search for new work.

Does parenting time change the amount?

A parenting time adjustment can modify an order only if the significant variance requirement is met (1240-02-04-.05(6)). Keep a calendar of overnights.

What proof helps?

What should you do first?

1. File the action and mail notice now.
2. Keep paying what you can: unpaid support is a judgment (see how Tennessee interest works).
3. Check your numbers in the Tennessee child support modification calculator.

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.