IN THE [COUNTY_NAME] [CIRCUIT/CHANCERY/JUVENILE] COURT

FOR THE STATE OF TENNESSEE

[PETITIONER NAME],
  Petitioner,

v.                      Case No. [CASE_NUMBER]

[RESPONDENT NAME],
  Respondent.

PETITION TO MODIFY CHILD SUPPORT OBLIGATION

[Effective Date: __ , 20__]

[// GUIDANCE:
1. Select the proper court division—Juvenile Court if the original order issued there; otherwise Circuit or Chancery.
2. A “Petition” is used when initiating a new action; use “Motion” if filed within an existing post-divorce case.
]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Allegations & Requested Relief
IV. Representations & Warranties
V. Covenants & Ongoing Obligations
VI. Default & Remedies
VII. Risk Allocation (Limited)
VIII. Dispute Resolution & Jurisdiction
IX. General Provisions
X. Execution Block
XI. Verification
XII. Certificate of Service

I. DOCUMENT HEADER

1. Parties.
    a. Petitioner: [PETITIONER FULL LEGAL NAME], residing at [ADDRESS].
    b. Respondent: [RESPONDENT FULL LEGAL NAME], residing at [ADDRESS].

2. Prior Order.
    Date of last child-support order (“Prior Order”): [DATE];
    Issuing Court & Case No.: [COURT/CASENUM].

3. Minor Child(ren).
    [List each child’s initials, full name if permitted, and birth date.]

4. Jurisdiction & Venue.
    This Court has continuing, exclusive jurisdiction pursuant to Tenn. Code Ann. § 36-5-101(l) and retains venue under Tenn. Code Ann. § 36-5- 106.

II. DEFINITIONS

For purposes of this Petition:

“Adjusted Gross Income” or “AGI”: Gross income less mandatory deductions as defined by Tenn. Comp. R. & Regs. 1240-02-04-.04(3).

“Child Support Guidelines”: The Tennessee Child Support Guidelines, Tenn. Comp. R. & Regs. 1240-02-04 et seq.

“Material Change in Circumstance”: Any change meeting the threshold of Tenn. Code Ann. § 36-5-101(g) and Guidelines Rule .05(2), including but not limited to a fifteen percent (15%) variance in support obligation (§ 36-5-101(g)(2)(B)).

“Obligee” / “Obligor”: As assigned in the Prior Order and as used in Tenn. Code Ann. § 36-5-101.

[Add additional defined terms as needed.]

III. OPERATIVE ALLEGATIONS & REQUESTED RELIEF

1. Material Change Demonstrated.
    a. Income Variation. Since entry of the Prior Order:
     • Petitioner’s monthly gross income changed from $[AMT] to $[AMT].
     • Respondent’s monthly gross income changed from $[AMT] to $[AMT].
    b. Parenting Time Adjustments. [Describe changes in days/overnights.]
    c. Other Significant Factors. [e.g., medical support, emancipation, new dependents.]

2. Guideline Re-Calculation.
    An updated Child Support Worksheet, Exhibit “A,” reflects a variance of [__] %, exceeding the statutory minimum of 15 % (7.5 % for low-income cases) pursuant to Tenn. Code Ann. § 36-5-101(g) and Guidelines Rule .05(2).

3. Relief Requested.
    Petitioner respectfully requests that the Court:
    a. Set current child support at $[NEW_AMOUNT] per month, consistent with Exhibit “A”;
    b. Order an Immediate Income Withholding Order (“IIWO”) per Tenn. Code Ann. § 36-5-501;
    c. Address arrears, if any, in the amount of $[ARREARAGE], with liquidation payment of $[AMT]/month;
    d. Allocate uncovered medical expenses pursuant to Guidelines Rule .08;
    e. Award any further and general relief the Court deems just.

4. Conditions Precedent.
    All statutory prerequisites to modification have been satisfied or waived.

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy of Information.
    Each party represents that all income, expense, and dependent data provided are complete and accurate to the best of that party’s knowledge, information, and belief.

2. Best Interest.
    Petitioner avers that the requested modification promotes the best interests of the minor child(ren) consistent with Tenn. Code Ann. § 36-6-101(a).

3. Survival.
    The representations and warranties herein shall survive entry of any modified child-support order.

V. COVENANTS & ONGOING OBLIGATIONS

1. Financial Disclosure.
    Each party shall furnish updated income documentation annually, or within fifteen (15) days of a good-faith written request. Failure to comply may constitute contempt.

2. Notice of Significant Changes.
    A party experiencing a 15 % or greater income fluctuation lasting more than ninety (90) days shall provide written notice to the other party within thirty (30) days.

3. Health Insurance.
    [Identify which party is to maintain health insurance and supply proof annually.]

VI. DEFAULT & REMEDIES

1. Events of Default.
    a. Failure to pay support as ordered;
    b. Failure to provide required documentation;
    c. Violation of IIWO.

2. Remedies.
    Upon default, the non-defaulting party may pursue:
    a. Wage garnishment up to federal limits, Tenn. Code Ann. § 36-5-501;
    b. Judgment for arrears with 12 % statutory interest (§ 36-5-101(f)(1));
    c. Civil or criminal contempt;
    d. Suspension of licenses as allowed by § 36-5-701 et seq.;
    e. Attorney’s fees and costs.

[// GUIDANCE:
Include attorney-fee prayer only if supported by the parties’ MDA or prior orders, or if seeking fees under equitable grounds.]

VII. RISK ALLOCATION

[Indemnification not applicable in child-support matters; limitation of liability is governed by percentage-of-income formulas.]

1. Cap on Support.
    Support shall not exceed the percentages prescribed by the Child Support Guidelines absent deviation findings per Rule .07.

2. Force Majeure.
    Temporary inability to pay due solely to acts of God or involuntary unemployment may warrant modification but does not excuse compliance absent court order.

VIII. DISPUTE RESOLUTION & JURISDICTION

1. Governing Law.
    This matter shall be governed exclusively by the laws of the State of Tennessee, including Tenn. Code Ann. Title 36 and the Child Support Guidelines.

2. Forum Selection.
    All proceedings shall be conducted in the [COUNTY_NAME] [CIRCUIT/CHANCERY/JUVENILE] Court.

3. Arbitration & Jury Trial.
    Family-law matters are not subject to arbitration, and jury trials are unavailable pursuant to Tenn. R. Civ. P. 38.01 and local practice.

4. Injunctive Relief.
    Entry of an IIWO constitutes statutorily authorized injunctive relief against the Obligor’s income source(s).

IX. GENERAL PROVISIONS

1. Amendment & Waiver.
    Any amendment to a child-support order must be in writing and approved by the Court. No oral waiver is effective.

2. Severability.
    If any provision herein is declared unenforceable, the remaining provisions shall remain in full force to the extent consistent with Tennessee law.

3. Integration.
    This Petition integrates all prior understandings concerning modification issues raised herein; unrelated rights and obligations under the Prior Order remain unaffected.

4. Electronic Signatures.
    Pursuant to Tenn. Code Ann. § 47-10-101 et seq., electronic signatures and filings are permitted and shall be given full legal effect.

X. EXECUTION BLOCK

Respectfully submitted,

____         Date: ___
[PETITIONER NAME]
Petitioner, Pro Se / By Counsel
[ADDRESS]
[PHONE] | [EMAIL]

[If represented:]

[ATTORNEY NAME] (BPR No. ___)
Attorney for Petitioner
[FIRM NAME] | [ADDRESS] | [PHONE]

[Add Respondent’s counsel signature block if filing by agreement.]

XI. VERIFICATION

STATE OF TENNESSEE )
COUNTY OF [COUNTY_NAME] ) ss:

I, [PETITIONER NAME], being first duly sworn, depose and state that the foregoing Petition is true and correct to the best of my knowledge, information, and belief.

[PETITIONER NAME]

Subscribed and sworn before me on this _ day of _, 20__.

Notary Public
My Commission Expires: _______

XII. CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Petition to Modify Child Support Obligation was served upon:

[RESPONDENT NAME or RESPONDENT’S COUNSEL]
  [ADDRESS / EMAIL per Tenn. R. Civ. P. 5]

on this the _ day of _, 20__, by [☐ U.S. Mail ☐ Hand Delivery ☐ E-filing System ☐ Email (by agreement)].

[NAME]

[// GUIDANCE FOR PRACTITIONERS:
1. Attach the completed Tennessee Child Support Worksheet (CS Worksheet) as Exhibit “A.”
2. If arrears exist, include an arrearage computation certified by the Tennessee Department of Human Services Child Support Enforcement Division.
3. Consider simultaneously filing a Proposed Order to expedite entry once the Petition is granted.
4. Verify local rules on mandatory parenting-plan revisions triggered by support modifications.
5. Ensure all personal-data identifiers are redacted or filed via protected information sheets per Tenn. R. Sup. Ct. Rule 46A.]