FAQ’s

A critical first step in the divorce process is choosing the right attorney. You should research potential attorneys online and get referrals from friends and family.You may want to interview several prospective attorneys before deciding on whom to hire. Before you meet with any attorney, create a list of goals that you have in mind for your divorce and important traits that you want from your attorney. For example, your attorney should be experienced in all aspects of family law; able to explain the process, your options, and potential outcomes; and should be responsive to your questions and needs.

Unfortunately, the timeframe for a divorce is very difficult to determine―and you should be cautious of any attorney who claims to know the answer. Lawyers you speak with will only hear your side of the story, which may be 100% correct, but that doesn’t tell any lawyer what the other side is going to claim or do. Generally, the length of a divorce depends on your particular situation as well as factors beyond your control, such as:

• The degree to which you and your spouse agree on issues
• The cooperation between you and your spouse
• The court schedule in a particular county

In circumstances where both spouses agree on every issue, a divorce can usually be completed in several weeks (this is called an “uncontested divorce”). However, if the parties cannot agree on custody, property division or other matters, a divorce can take many months or more. If there are issues involving concealed or hidden assets, a divorce can take much longer.

Tennessee Code Annotated 36-4-103. Irreconcilable differences — Procedure.

Bills for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period bills for divorce must be on file shall commence on the date the original bill was filed and not on the date the bill was amended to include the ground of irreconcilable differences.

Our firm takes pride in the quality of our work and in our ability to keep our fees reasonable and competitive in the Middle Tennessee area. Just as with the length of a divorce, no attorney can predict what a contested divorce will cost because we never know what the other side is going to do. The cost is closely related to the time (as all law offices work on an hourly basis), but I work hard to be efficient and pragmatic in moving your case to a conclusion. I do this by ensuring that each client is properly attended to and communicated with throughout the case. This is the best way of ensuring the case stays within a budget is through personal attention and constant contact with our clients. I strive to offer my clients exceptional legal service for the best value possible.

Taking the first steps toward divorce can be overwhelming and full of questions: Where do I start? What is the process? How long will it take? How much will it cost?

What Is The Process?

The divorce process generally is the same for everyone – whether same-sex or different-sex couples – with some additional considerations for families with children:

• Step one: filing.The first step in every case is when the petitioner (i.e. the spouse asking for the divorce) files a Complaint for Divorce. It does not matter which spouse files for divorce, there is no legal advantage to being the first to file. Tennessee is a “no fault” divorce state, which means that the Court does not consider wrongdoing (adultery, abandonment or cruelty) in order to get divorced. The most common reason for divorce is simply “irreconcilable differences,” which means the marriage isn’t working and isn’t fixable.
• Step two: notice. Next, the petitioner notifies the other spouse (i.e. the respondent) that the divorce has been filed. Generally, this is done by having the other spouse served with summons and the petition for dissolution of marriage by a special process server or the sheriff.
• Step three: response.After receiving notice of the divorce case, the respondent spouse or their attorney will file an appearance in the case. Once the appearance of the respondent is filed, the court has authority (“personal jurisdiction”) over the parties and can proceed with the divorce. At this time, the respondent will also respond to, or answer, the petition for dissolution of marriage.
• Step four: discovery. This is the critical part of any divorce case. “Discovery” is the term used to describe the information-gathering part of the divorce process. During this phase, the parties exchange information about their property, income and debts, which is used to determine a number of issues, including spousal support (maintenance), child support, and how to split property and debts between the parties.
  • If children are involved, the discovery process is also used to gather information about how the parties should make significant decisions for the children and an appropriate parenting time schedule for each party.
  • The information learned from the discovery process is then used to assist the parties in negotiating settlement or, if the parties are not able to agree on certain major issues, then this information may be used in temporary hearings to determine issues like maintenance and child support and/or parenting time schedule while the case is pending or at the final trial.
• Step five: finalizing the divorce.This step in the process depends on whether the parties are able to agree upon all matters related to their divorce (“uncontested divorce”) or if they disagree about some or all matters related to their divorce (“contested divorce”). If the divorce is uncontested, then the attorneys will prepare a marital settlement agreement that details the parties’ agreements regarding all issues in their divorce, including the division of their property and debts as well as child support and spousal support (maintenance). If children are involved, the attorneys will also prepare a Permanent Parenting Plan for allocation of parental responsibilities (custody), which details how the parties will make decisions for the children (sole or joint custody) and the parenting time schedule (visitation). These two agreements will then be presented to the judge at a hearing and, after approving the agreements, the judge will enter a judgment for dissolution of marriage, which ends the marriage.
  • If the divorce is contested, then the case will be scheduled for trial and, after being presented with evidence gathered during discovery and hearing testimony from the parties and any witnesses, the judge will make decisions for each contested issue.

Navigating Property And Finances Together

 Dealing with property division and spousal support issues can make the divorce process extremely complex. Nearly every divorce matter involves dividing property. Depending on the length of the marriage and the incomes of the parties, maintenance (alimony) for one spouse may be appropriate. Dividing property can be more complicated when couples have significant assets.   When necessary, I may partner with financial professionals to value your assets and ensure a fair division of property. We safeguard each client’s immediate and long-term financial stability.

Is property split 50/50 in a Tennessee divorce?

 Tennessee is an equitable distribution state. This means that the court will divide property equitably, but not necessarily 50/50. When dividing property, the court will consider factors that include the following:

(c) In making equitable division of marital property, the court shall consider all relevant factors including:

(1) The duration of the marriage;

(2) The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;

(3) The tangible or intangible contribution by one (1) party to the education, training or increased earning power of the other party;

(4) The relative ability of each party for future acquisitions of capital assets and income;

(5)

(A) The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role;

(B) For purposes of this subdivision (c)(5), dissipation of assets means wasteful expenditures which reduce the marital property available for equitable distributions and which are made for a purpose contrary to the marriage either before or after a complaint for divorce or legal separation has been filed;

(6) The value of the separate property of each party;

(7) The estate of each party at the time of the marriage;

(8) The economic circumstances of each party at the time the division of property is to become effective;

(9) The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;

(10) In determining the value of an interest in a closely held business or similar asset, all relevant evidence, including valuation methods typically used with regard to such assets without regard to whether the sale of the asset is reasonably foreseeable. Depending on the characteristics of the asset, such considerations could include, but would not be limited to, a lack of marketability discount, a discount for lack of control, and a control premium, if any should be relevant and supported by the evidence;

(11) The amount of social security benefits available to each spouse;

(12) Such other factors as are necessary to consider the equities between the parties; and

(13) The total amount of attorney fees and expenses paid by each party in connection with the proceedings; whether the attorney fees and expenses were paid from marital property, separate property, or funds borrowed by a party; and the reasonableness, under the factors set forth in Rule 1.5 of the Tennessee Rules of Professional Conduct, and necessity of the attorney fees and expenses paid by each party;

In addition to property division, we can help with maintenance (alimony) if one spouse requires financial assistance during or after the divorce. A judge will evaluate many factors, including income, education, lifestyle and any custody arrangement in order to determine if spousal maintenance is necessary.

Tennessee Code Annotated 36-5-121. Decree for support of spouse.

(a) In any action for divorce, legal separation or separate maintenance, the court may award alimony to be paid by one spouse to or for the benefit of the other, or out of either spouse’s property, according to the nature of the case and the circumstances of the parties. The court may fix some definite amount or amounts to be paid in monthly, semimonthly or weekly installments, or otherwise, as the circumstances may warrant. Such award, if not paid, may be enforced by any appropriate process of the court having jurisdiction including levy of execution. Further, the order or decree shall remain in the court’s jurisdiction and control, and, upon application of either party, the court may award an increase or decrease or other modification of the award based upon a showing of a substantial and material change of circumstances; provided, that the award is subject to modification by the court based on the type of alimony awarded, the terms of the court’s decree or the terms of the parties’ agreement.

(b) The court may, in its discretion, at any time pending the final hearing, upon motion and after notice and hearing, make any order that may be proper to compel a spouse to pay any sums necessary for the support and maintenance of the other spouse, to enable such spouse to prosecute or defend the suit of the parties and to make other orders as it deems appropriate. Further, the court may award such sum as may be necessary to enable a spouse to pay the expenses of job training and education. In making any order under this subsection (b), the court shall consider the financial needs of each spouse and the financial ability of each spouse to meet those needs and to prosecute or defend the suit.

(c)

(1) Spouses have traditionally strengthened the family unit through private arrangements whereby one (1) spouse focuses on nurturing the personal side of the marriage, including the care and nurturing of the children, while the other spouse focuses primarily on building the economic strength of the family unit. This arrangement often results in economic detriment to the spouse who subordinated such spouse’s own personal career for the benefit of the marriage. It is the public policy of this state to encourage and support marriage, and to encourage family arrangements that provide for the rearing of healthy and productive children who will become healthy and productive citizens of our state.

(2) The general assembly finds that the contributions to the marriage as homemaker or parent are of equal dignity and importance as economic contributions to the marriage. Further, where one (1) spouse suffers economic detriment for the benefit of the marriage, the general assembly finds that the economically disadvantaged spouse’s standard of living after the divorce should be reasonably comparable to the standard of living enjoyed during the marriage or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.

(d)

(1) The court may award rehabilitative alimony, alimony in futuro, also known as periodic alimony, transitional alimony, or alimony in solido, also known as lump sum alimony or a combination of these, as provided in this subsection (d).

(2) It is the intent of the general assembly that a spouse, who is economically disadvantaged relative to the other spouse, be rehabilitated, whenever possible, by the granting of an order for payment of rehabilitative alimony. To be rehabilitated means to achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged spouse’s standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.

(3) Where there is relative economic disadvantage and rehabilitation is not feasible, in consideration of all relevant factors, including those set out in subsection (i), the court may grant an order for payment of support and maintenance on a long-term basis or until death or remarriage of the recipient, except as otherwise provided in subdivision (f)(2)(B).

(4) An award of alimony in futuro may be made, either in addition to an award of rehabilitative alimony, where a spouse may be only partially rehabilitated, or instead of an award of rehabilitative alimony, where rehabilitation is not feasible. Transitional alimony is awarded when the court finds that rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce, legal separation or other proceeding where spousal support may be awarded, such as a petition for an order of protection.

(5) Alimony in solido may be awarded in lieu of or in addition to any other alimony award, in order to provide support, including attorney fees, where appropriate.

(e)

(1) Rehabilitative alimony is a separate class of spousal support, as distinguished from alimony in solido, alimony in futuro, and transitional alimony. To be rehabilitated means to achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged spouse’s standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.

(2) An award of rehabilitative alimony shall remain in the court’s control for the duration of such award, and may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of a substantial and material change in circumstances. For rehabilitative alimony to be extended beyond the term initially established by the court, or to be increased in amount, or both, the recipient of the rehabilitative alimony shall have the burden of proving that all reasonable efforts at rehabilitation have been made and have been unsuccessful.

(3) Rehabilitative alimony shall terminate upon the death of the recipient. Rehabilitative alimony shall also terminate upon the death of the payor, unless otherwise specifically stated.

(f)

(1) Alimony in futuro, also known as periodic alimony, is a payment of support and maintenance on a long term basis or until death or remarriage of the recipient. Such alimony may be awarded when the court finds that there is relative economic disadvantage and that rehabilitation is not feasible, meaning that the disadvantaged spouse is unable to achieve, with reasonable effort, an earning capacity that will permit the spouse’s standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.

(2)

(A) An award of alimony in futuro shall remain in the court’s control for the duration of such award, and may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of substantial and material change in circumstances.

(B) In all cases where a person is receiving alimony in futuro and the alimony recipient lives with a third person, a rebuttable presumption is raised that:

(i) The third person is contributing to the support of the alimony recipient and the alimony recipient does not need the amount of support previously awarded, and the court should suspend all or part of the alimony obligation of the former spouse; or

(ii) The third person is receiving support from the alimony recipient and the alimony recipient does not need the amount of alimony previously awarded and the court should suspend all or part of the alimony obligation of the former spouse.

(3) An award for alimony in futuro shall terminate automatically and unconditionally upon the death or remarriage of the recipient. The recipient shall notify the obligor immediately upon the recipient’s remarriage. Failure of the recipient to timely give notice of the remarriage shall allow the obligor to recover all amounts paid as alimony in futuro to the recipient after the recipient’s marriage. Alimony in futuro shall also terminate upon the death of the payor, unless otherwise specifically stated.

(g)

(1) Transitional alimony means a sum of money payable by one (1) party to, or on behalf of, the other party for a determinate period of time. Transitional alimony is awarded when the court finds that rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce, legal separation or other proceeding where spousal support may be awarded, such as a petition for an order of protection.

(2) Transitional alimony shall be nonmodifiable unless:

(A) The parties otherwise agree in an agreement incorporated into the initial decree of divorce or legal separation, or order of protection;

(B) The court otherwise orders in the initial decree of divorce, legal separation or order of protection; or

(C) The alimony recipient lives with a third person, in which case a rebuttable presumption is raised that:

(i) The third person is contributing to the support of the alimony recipient and the alimony recipient does not need the amount of support previously awarded, and the court should suspend all or part of the alimony obligation of the former spouse; or

(ii) The third person is receiving support from the alimony recipient and the alimony recipient does not need the amount of alimony previously awarded and the court should suspend all or part of the alimony obligation of the former spouse.

(3) Transitional alimony shall terminate upon the death of the recipient. Transitional alimony shall also terminate upon the death of the payor, unless otherwise specifically stated in the decree.

(4) The court may provide, at the time of entry of the order to pay transitional alimony, that the transitional alimony shall terminate upon the occurrence of other conditions, including, but not limited to, the remarriage of the party receiving transitional alimony.

(h)

(1)

(A) Alimony in solido, also known as lump sum alimony, is a form of long-term support, the total amount of which is calculable on the date the decree is entered, but which is not designated as transitional alimony. Alimony in solido may be paid in installments if the payments are ordered over a definite period of time and the sum of the alimony to be paid is ascertainable when awarded. The purpose of this form of alimony is to provide financial support to a spouse, to enable the court to equitably divide and distribute marital property, or both.

(B) Alimony in solido may be awarded for attorney fees and expenses incurred in connection with the proceedings through the date of the final hearing and any proceedings brought pursuant to Rule 59 of the Tennessee Rules of Civil Procedure. When determining whether attorney fees and expenses should be awarded as alimony in solido, the court shall consider the following:

(i) The factors enumerated in subsection (i);

(ii) The total amount of attorney fees and expenses incurred and the total amount of attorney fees and expenses paid by each party in connection with the proceedings;

(iii) Whether the attorney fees and expenses requested are reasonable under the factors set forth in Rule 1.5 of the Tennessee Rules of Professional Conduct; and

(iv) Whether the attorney fees and expenses were necessary.

(2) A final award of alimony in solido is not modifiable, except by agreement of the parties only.

(3) Alimony in solido is not terminable upon the death or remarriage of the recipient or the payor.

(i) In determining whether the granting of an order for payment of support and maintenance to a party is appropriate, and in determining the nature, amount, length of term, and manner of payment, the court shall consider all relevant factors, including:

(1) The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources;

(2) The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party’s earnings capacity to a reasonable level;

(3) The duration of the marriage;

(4) The age and mental condition of each party;

(5) The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease;

(6) The extent to which it would be undesirable for a party to seek employment outside the home, because such party will be custodian of a minor child of the marriage;

(7) The separate assets of each party, both real and personal, tangible and intangible;

(8) The provisions made with regard to the marital property, as defined in § 36-4-121;

(9) The standard of living of the parties established during the marriage;

(10) The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party;

(11) The relative fault of the parties, in cases where the court, in its discretion, deems it appropriate to do so; and

(12) Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

(j) Where the lump sum amount of retirement or pension benefits or of balances in an individual retirement account, §§ 401(k), 403(b), 457 (26 U.S.C. §§ 401(k), 403(b) and 457), respectively, or any other tax qualified account has been considered by the trial court, and determined to be marital property to be divided, the distributions of such lump sum amounts necessary to complete the division of property, whether distributed in a single payment or by periodic payments, shall not be considered income for the purpose of determining a spouse or ex-spouse’s right to receive alimony or child support, but the income generated by the investment of such lump sum awards shall be considered income for such purpose.

(k) The court may direct a party to pay the premiums for insurance insuring the health care costs of the other party, in whole or in part, for such duration as the court deems appropriate.

(l) To secure the obligation of one party to pay alimony to or for the benefit of the other party, the court may direct a party to designate the other party as the beneficiary of, and to pay the premiums required to maintain, any existing policies insuring the life of a party, or to purchase and pay the premiums required to maintain such new or additional life insurance designating the other party the beneficiary of the insurance, or a combination of these, as the court deems appropriate.

(m) The order or decree of the court may provide that the payments for the support of such spouse shall be paid either to the clerk of the court or directly to the spouse, or, in Title IV-D cases, the order or decree of the court shall provide that payments shall be paid to the central collections and disbursement unit, pursuant to § 36-5-116.

(n) Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties as to support and maintenance of a party.

(o) Any order of alimony that has been reduced to judgment shall be entitled to be enforced as any other judgment of a court of this state and shall be entitled to full faith and credit in this state and in any other state.

The most important decisions you will make involve your children. The primary goal should always be to promote the best interests of your children. Unfortunately, that does not always happen. If you need help with child custody and support, Tim W. Smith is here for you. I have more than three decades of experience working with clients.

We understand how emotional and complex these cases can be. When parents separate, whether married or not, it can be difficult to spend time away from their child. Our job is to help you create a child custody arrangement that meets the changing needs of your family. Custody issues can be resolved in many ways. We will listen to your concerns and guide you in a direction that works for your family.

Your children need financial and emotional support from both parents. Child support is used to provide food, shelter, clothing, and other basic needs. The purpose of child support is to make sure that your children are cared for in the same way they would be if the parents had not separated. As time goes by, your children’s needs may change. Child support and child custody arrangements can be modified. Whether you are just getting started or need to make a change, our firm can help.

Your child is the most important part of your life and having a Tennessee attorney with whom you can discuss your concerns is crucial.

All divorce or parentage matters involving children must address allocation of parental responsibilities. The term “allocation of parental responsibilities” (formerly “custody”) encompasses the way in which parents will make significant decisions regarding their child’s care, education, and upbringing as well as the schedule of parenting time (formerly “visitation”).

“Allocation of significant decision-making responsibilities” means how important issues are decided. Significant issues include:

• The child’s education (including choice of school and tutors)
• Health care (including decisions regarding choice of providers and course of treatment)
• Religion
• Extracurricular activities

If parents can communicate and cooperate on matters related to their child’s health, education, religion, and extracurricular activities, then joint allocation of significant decision-making responsibilities (formerly “joint custody”) is generally appropriate. Joint allocation of significant decision-making responsibilities (also known as “shared decision-making responsibilities”) means that the parents must first consult with each other and try to agree upon significant decisions. If the parties are unable to make a joint decision on any of these important matters then, except in limited circumstances, the parties must first attend mediation to try to resolve their differences before either can file a petition asking the court to rule on the disputed issue.

Joint allocation of significant decision-making responsibilities does not always work in every case. Sometimes the level of conflict between the parents is so high that they are simply unable to communicate and cooperate on matters related to their child’s health, education, religion, and extracurricular activities. Sometimes there is an ongoing issue, like domestic vilolence or one parent’s unwillingness to participate in past significant decision-making regarding the child, that makes it impossible and/or not in the child’s best interest for the parents to make joint decisions on important issues.

In cases where joint or shared significant decision-making responsibility is not feasible, the judge will decide which parent will have sole significant decision-making responsibility for the child (formerly “sole custody”).

Parents in divorce and parentage matters are encouraged to determine allocation of parental responsibilities (including significant decision-making responsibilities and parenting time) by agreement, either by negotiating agreements with the assistance of their counsel or with the help of a mediator.

In cases where the parties have a difficult time making these decisions, the judge may appoint an attorney to represent the child to help the judge decide how to allocate decision-making responsibilities for the child and/or an appropriate parenting time schedule. In making these decisions, the judge will consider a number of factors related to the child’s best interests, including:

• How significant decisions were made in the past
• The amount of time each parent spent caring for the child in the past
• The mental and physical health of the parents and child
• The child’s wishes (if the child is mature enough to express independent preferences)
• The parents’ wishes
• The child’s adjustment to his or her home, school and community
• Any history of abuse of the child or any member of the household

Parenting time (formerly “visitation”) means the time during which a parent is responsible for caring for the child. There is no preference for mothers or fathers when deciding a parenting time schedule and the law presumes that both parents are fit and able to care for their child. Nor is there a “standard” parenting time schedule – every case is different, and your parenting time schedule should be crafted to reflect your family’s unique circumstances and needs. The parenting time schedule should address the “regular” (i.e. weekday and weekend) schedule as well as major holidays, school breaks and vacation time.

When people think of lawyers, they often also picture courtrooms and judges. Many are surprised when they learn that this is not the trajectory for many family law cases. I have a wealth of experience helping Tennessee residents through difficult family law matters. I can resolve your case outside the courtroom through the process of mediation.

In mediation, the goal is to reach an outcome that works for everyone involved.  From child custody arrangements to divorce proceedings all of these issues can be resolved through mediation. Mediation is a structured and efficient process that allows you to take control of your case and its outcome.

There are many benefits to choosing mediation. Perhaps the biggest benefit is the ability to choose the outcome of your case that best fits the needs of you and your family.

Unlike a judge, the mediator does not make decisions for you and your partner but rather allows the couple to figure out what works best for them and their family. You and your partner, rather than the judge, control the process.

Additional benefits of mediation include: (i) it is cheaper and less time consuming than having to go through the court system; (ii) most mediations end with a settlement rather than trial; (iii) mediation is confidential; (iv) you can still have a lawyer give you advice throughout the process if you choose to do so; and (v) mediation can also help improve communication between you and your partner to avoid future conflicts.

Child support is intended to cover basic expenses such as housing, food, clothing, transportation, and entertainment.

Tennessee has a guideline formula for calculating the amount of child support owed from one parent to the other. This formula considers both parents’ income, the custody and visitation schedule (how much time each parent spends with the child), and the number of children.

There may be adjustments for additional expenses such as children’s health insurance premiums, uncovered medical expenses, and work-related childcare.

In Tennessee, the parent who the child lives with for more than 50% of the time is called the Primary Residential Parent. The parent who the child resides with for less than 50% of the time is called the Alternative Residential Parent (ARP).

The ARP typically pays child support to the PRP. That’s not always the case, however. In fact, the PRP may be required to pay child support if their income is significantly higher than the ARP.