There have been some recent changes to child support calculation in Tenneseee, with some more on the way later this summer. If you're looking at the possibility of owing several years in child support, or seeking to collect child support, these changes could have a huge impact on your obligation.
Interest on child support
The law used to provide that child support arrearages (or, money that should have been paid in child support and is now being awarded as a judgment) shall accrue simple, non-compounding interest at 12% per year. This is an incredibly high rate, and the intent behind the law was to discourage people from not paying support.
Effective April 17, 2017 however, Tenn. Code Ann. section 36-5-101 was amended so that any child support arrearages accrued on or after April 17, 2017 will not accrue interest, unless the court makes a written finding that there should be, and if so, the interest is not to exceed 4%.
Child support arrearages bill in General Assembly
In addition, there is also a bill (TN HB1126) currently before the Tennessee General Assembly that if signed into law will place a limit on child support arrearages. The bill would prohibit a court from ordering payment on retroactive child support for more than five (5) years unless the court finds the person paying was deliberately avoiding service or imposition of the child support.
Questions about child support?
These changes could make the difference in thousands of dollars owed. If you have questions about child support or want more information, call the experienced attorneys at Saenz & Maniatis, PLLC at (615) 366-1211 or visit us online at our Divorce and Family Law page. Don't wait, call today!