Kristin Cavallari revealed on a July 7, 2026 podcast that her 2022 divorce from ex-NFL quarterback Jay Cutler no longer follows their original 50/50 custody split — she now has primary custody of sons Camden (13), Jaxon (11), and daughter Saylor (9). Under Tennessee law, a court-ordered parenting plan can only be modified by proving a material change in circumstances, per Tenn. Code Ann. § 36-6-101.
Key Facts
| Item | Detail |
|---|---|
| What happened | Cavallari revealed she now has primary custody, breaking the original 50/50 split |
| When | Disclosed on a July 7, 2026 podcast appearance |
| Where | Nashville, Tennessee (divorce finalized 2022) |
| Who's affected | Cavallari, Cutler, and their 3 children (ages 13, 11, and 9) |
| Key statute | Tenn. Code Ann. § 36-6-101 (parenting plan modification) |
| Impact | Illustrates how initial 50/50 plans can shift years after divorce |
The TMZ report also captured a public disagreement over finances: Cavallari claimed she "gets no money" from Cutler, while Cutler disputed that characterization, noting that no Tennessee judge would have permitted him to retain all marital assets. Because this matter was resolved in Tennessee, the state's specific modification and property statutes govern any post-divorce changes.
Why this matters legally
A 50/50 custody arrangement in a divorce decree is not permanent — it is modifiable when circumstances change materially. Tennessee courts do not treat the original parenting plan as fixed; they retain jurisdiction to adjust the schedule and the designation of the primary residential parent throughout the children's minority. This case demonstrates a common reality: parenting plans that begin as equal splits frequently evolve as children age, school and activity schedules change, and one parent's availability shifts.
The legal threshold matters. In Tennessee, the party seeking to change the primary residential parent must show a "material change in circumstances" that affects the child's best interest. A change to the residential schedule alone carries a lower burden than changing which parent is designated primary. This two-tier standard, established in Tennessee case law and codified in the parenting statutes, means a shift from 50/50 to primary custody is legally significant, not a mere informal arrangement between the parents.
How Tennessee law handles this
Tennessee governs custody modifications through Tenn. Code Ann. § 36-6-101 and applies the best-interest factors set out in Tenn. Code Ann. § 36-6-106. To change the primary residential parent, the moving party must first prove a material change in circumstances that occurred after the original order — one that was not reasonably anticipated and that affects the child's well-being. Only after clearing that threshold does the court reweigh the best-interest factors.
Those factors under Tenn. Code Ann. § 36-6-106 include each parent's role in caregiving, the emotional ties between parent and child, the stability of each home, and — for children of sufficient age and maturity — the reasonable preference of the child. With the Cutler children now 13, 11, and 9, the oldest may be old enough for a Tennessee court to consider his stated preference, a factor that grows in weight as children approach their teens.
On the financial dispute, Tennessee is an equitable-distribution state under Tenn. Code Ann. § 36-4-121, meaning marital property is divided fairly, though not necessarily equally. A judge cannot simply award all marital assets to one spouse; the statute requires the court to weigh factors such as the length of the marriage, each spouse's contributions, and their respective economic circumstances. Cutler's point — that a Tennessee court would not have let him keep everything — reflects how § 36-4-121 constrains lopsided property outcomes.
Child support is a separate calculation from property division. Tennessee uses an income-shares model under its Child Support Guidelines, which factors both parents' incomes and the number of days each child spends with each parent. When primary custody shifts, the support obligation can shift with it, because the parenting-time percentage is a direct input into the guideline worksheet.
Practical takeaways
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Document the change in circumstances. If your parenting plan no longer reflects reality, keep a dated record of what changed — school schedules, relocations, work hours, or a child's evolving needs. Tennessee requires a material change before a court will modify the primary residential parent under Tenn. Code Ann. § 36-6-101.
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Formalize informal arrangements. If you and your co-parent have quietly moved away from a 50/50 split, get a modified order entered. An informal handshake deal is not enforceable, and it can complicate child support, tax filing, and future disputes.
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Recalculate child support when parenting time changes. Because Tennessee's income-shares guidelines tie support to parenting days, a shift to primary custody often changes the support figure. Do not assume the original number still applies.
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Separate custody from finances. Custody modification and property or support disputes follow different legal standards. A grievance about money does not, by itself, justify a custody change — Tennessee courts decide custody on the child's best interest under Tenn. Code Ann. § 36-6-106.
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Consider the child's age and preference. As children reach their teens, a Tennessee court may give weight to a mature child's reasonable preference. Understand how this factor may apply before filing a petition.
If you are navigating a parenting plan that no longer fits your family's reality, a Tennessee family law attorney can explain whether your situation meets the material-change threshold and how a modification might affect support. Divorce.law connects you with independent attorneys who handle custody modifications in your county.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.