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TN: Fathers "might" pay less CS?
More dads could pay less child support
By SHEILA BURKE Staff Writer Some noncustodial parents - usually fathers - could pay less child support under new state guidelines set to take effect later this year. The guidelines give noncustodial parents credit for factors not previously considered in calculating child support, such as the custodial parent's income. It also gives noncustodial parents more credit for other children they have to support. The guidelines also lower the payments for noncustodial parents who have more days of visitation and are therefore paying more of the children's living expenses in their own homes. In some cases, however, the custodial parent will end up with more support than is currently received, especially if he or she has been paying for many outstanding expenses. Fathers'-rights advocates are applauding what they say is a significant step toward fairness. But the guidelines are drawing fire from women's groups. The impact on Tennessee children could be ''devastating,'' said Mary Frances Lyle, a general counsel for the Tennessee Women's Political Caucus. Lyle and others say that the new guidelines will slash payments and that they resulted from lobbying by fathers'-rights groups. Fathers' groups, however, say that Tennessee's current method of calculating child support is unfair, alienates fathers from their children, and creates combative custodial arrangements. The current system ''relegates fathers to a system of being the financial engine and mothers to a caretaker role,'' said Anthony Gottlieb, president-elect for DAD of Tennessee. The number of families that could be affected by the new guidelines is disputed. That's because the new guidelines generally will apply to people with existing child-support orders only if one parent or both ask a court that they be allowed to enter the new system and meet the qualifications. Many parents with existing child-support arrangements, according to the Department of Human Services, will not because they don't want to attract its attention as the agency in charge of collecting child support in this state. (As many as half of all people who owe child support in this state are behind in payments, DHS Assistant Commissioner Mike Adams said.) Also, the guidelines will apply to all child-support agreements signed after the new rules go into effect. That could be as early as Nov. 1, officials said. The state tracks more than 219,550 child-support cases statewide. Last year, it collected $384 million in payments, up from $340 million the year before. Lyle, however, said that most people will qualify for the new system and that there will be a stampede because it will reduce child-support payments in many cases. But Rutherford and Cannon County Circuit Court Judge Don Ash - who served on a state child-support task force with Lyle - said support orders in about three-quarters of divorce cases will wind up being roughly the same under the new formula. He thinks the biggest changes will be in cases where the person who pays child support makes much less than the parent who lives with the child. The women's political caucus, which said the changes will drive women and children into poverty, is mounting a campaign to stop the new guidelines. The group has threatened to go to the legislature and has sent a letter to Gov. Phil Bredesen, many politicians and prominent women. They could have a big fight on their hands with DAD and other groups. In the middle is DHS, which has based the new guidelines on a shared-income model used in 33 other states. The model considers parents' incomes and expenses to decide on child support. DHS said the new guidelines provide the fairest way to calculate child support and that children will win. That's because the system is designed to preserve the standard of living that the child had before the divorce. Gottlieb of DAD said one problem with the new guidelines is that too many people with what he called unfair child-support orders don't automatically get into the new system. The changes won't be automatic for parents who have support orders under the old guidelines. They have to go back to court for a new agreement or get DHS to modify support orders. Even then, parents don't get into the new system unless they can show a judge or DHS that child-support payments or the amount owed would change by at least 15%. Sound off The Department of Human Services is holding public meetings to seek comment and answer questions about new child-support guidelines. To view the new guidelines: www.state.tn.us/humanserv/rules.htm. Here are the times and places for Middle Tennessee meetings: Cookeville - 6:30 p.m., May 20, Putnam County Department of Human Services Conference Room, 269-E South Willow Ave. Nashville - 6:30 p.m., May 24, Citizen's Plaza state office building, 400 Deaderick St., second-floor board room Columbia - 6:30 p.m., May 25, Maury County Department of Human Services Conference Room at 1400 College Park Drive, Suite B. Child support in Tennessee In Tennessee, child-support agreements are approved by state courts as part of divorces or by juvenile courts when parents aren't married. The Department of Human Services becomes involved for various reasons, including nonpayment of child support, if one of the parents is seeking welfare benefits or if a parent who owes support cannot be found. Sheila Burke can be reached at 664-2144 or . |
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