Can the Alternative Residential Parent obtain a modification in child support just because the obligor qualifies for a credit under the new Guidelines?
The Guidelines say no. You still must have a “significant variance.” The Tennessee Court of Appeals explained some of the history behind modification law and the succession of changes in this area of child support rules: The new Guidelines defined the term “significant variance” as “(a)t least fifteen percent (15%) change in the gross income of the ARP (alternate residential parent)….,” a change in the number of children for whom the ARP was responsible and supporting; a supported child become disabled; or the parties’ agreement to modify support and at least a 15% change between the current support order and the proposed order, using the income shares worksheet. Subsection (7) of this regulatory provision stated that, beginning January 1, 2006, the above definition of “significant variance” would be eliminated. After that, a parent seeking modification would merely have to show a 15% difference between the current support order and the proposed child support order using the income sha
