HB 492 – SB 540
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 3, 2025
Fiscal Analyst: Christine Drescher | Email: christine.drescher@capitol.tn.gov | Phone: 615-741-2564
HB 492 – SB 540
SUMMARY OF BILL: Requires the court to consider whether a parent has any failure to
pay court-ordered child support, rather than failure of three years or more, when determining
custody arrangements or limiting parenting plans.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Tennessee Code Annotated § 36-1-106(a)(16) currently states that the court must consider
whether a parent has failed to pay court ordered child support for a period of three years or
more when determining custody arrangements. The proposed legislation would require the
court to consider any failure to pay, including for a period less than three years.
• Tennessee Code Annotated § 36-6-406(d)(1) currently requires a parent’s neglect or
substantial nonperformance of parenting responsibilities be considered when enacting a
parenting plan.
• “Parenting responsibilities” is defined under Tenn. Code Ann. § 36-6-402(2)(F) as
providing any financial security and support of the child, separate from child support
obligations. The proposed legislation would require child support obligations also be
considered.
• Requiring the court to consider the failure to pay child support when determining custody
or parenting plans is not anticipated to result in a significant change or increase in court
proceedings and can therefore be accomplished without any increase in state or local
expenditures.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director