TN Income Shares CS Program

[Mr.fixitall]

I am trying to find out some information for my wife who has been divorced for a couple of years. TN had implemented a new law in early 2005 (after her divorce). It is called 'Shares Income CS Program' where the income of the Primary Resident Parent (PRP) is taken into consideration for the Alternate RP. X is stating he is taking her back to court to get his CS dropped since their divorce was prior to the new law since her salary was not taking into consideration.

Has anyone had any type of experience with this issue? If so, please share.

[POC]

Based on what you are saying either party would be able to file for a modification of the existing CS order.

[Mr.fixitall]

I am not sure.  I think only in the event there is a 15% deviation.  I have read the new laws and it is so convaluted and still trying to understand if he can even try this.

[POC]

It is common that states have a threshold that the award must deviate form the existing award. This is to prevent frivolous cases that could result in very little difference. However, the fact that TN went from obligor only to income shares is so substantial that that in itself may be considered a substantial change of circumstances. You may want to check the statute, it probably even has such type wording. That being said, it wouldn't make much sense for him to pay thousands in court costs just to save $50 a month or some other little amount.

Knowing what I know, I doubt we are talking about small differences. Assuming that your wife works or that a judge would decide to impute income for her, it is likely that the award would go down, unless his income has increased dramatically since the time of the last order. Without the particulars (which I really don't need or want to know) it is impossible to give definitive answers.