In determining the support amount, the Guidelines take into account the parties' income, the number of parenting days each parent will spend with the children, which parent is covering the child's health insurance premium, and other factors.
Reality - Tennessee has a statute dealing with spousal support that lists twelve factors courts are to consider in determining whether spousal support is appropriate in a particular case, and if so, for how long and how much the support should be.
The most important concept embedded in the twelve factors is a two-fold: Does the spouse seeking spousal support have a legitimate need for the money, and if so, does the spouse who is being asked to pay have the ability to pay.
The public policy notion is that the money belongs to the children and therefore neither parent can bargain it away.
Myth 3: If a divorcing couple agrees to a division of property and debt, the court will automatically adopt the agreement.
And if they do, they have to show why and how they are deviating.
It is almost never enough for the parties just to decide that one parent would rather not pay support and the other parent simply agrees to that idea.
Reality - Everyone has a constitutional right to a divorce if he or she follows the appropriate procedures set out in the law.
If the other party does not participate in the process, he or she runs the risk of having a judgment entered against him or her by default, which can mean the party seeking the divorce automatically receives everything he or she asked for in the initial divorce complaint.
But spousal support is never automatic in the same way that child support is automatic.