Tennessee youngster help case abstract on earnings willpower.
The husband and spouse on this Knox County, Tennessee, case have been married in 1996 and had three kids. Divorce proceedings began in 2010, and the courtroom entered its closing decree in 2015. The spouse was granted a divorce on the grounds of inappropriate marital conduct and divided the events’ property.
The husband was ordered to pay youngster help of $911 monthly, primarily based upon the trial courtroom’s discovering that the husband’s earnings was $10,000 monthly. The spouse filed some post-trial motions, after which she appealed to the Tennessee Court docket of Appeals. Considered one of her arguments on enchantment was that the decrease courtroom had erred in setting the husband’s earnings. She argued that the husband, a self-employed legal professional, had documented earnings over the previous three years considerably in extra of $10,000. After reviewing the property division within the case, the appeals courtroom turned to that difficulty.
The trial courtroom had reviewed the proof and located that each spouses had roughly equal incomes capacities. It seemed on the years 2005-2007 and concluded that his earnings these years was about $127,000 per yr, or $10,600 monthly. The 2014 earnings have been about the identical.
Whereas the spouse offered proof reflecting earnings of $220,000 in a kind of years, the appellate courtroom agreed with the decrease courtroom that the discovering was affordable. Due to this fact, it held that the decrease courtroom had not abused its discretion in setting the earnings at $10,000.
The spouse argued that the courtroom had impermissibly set a “cap” of $10,000 on the earnings. However the appeals courtroom held that this declare was not supported.
For these causes, the Court docket of Appeals affirmed the decrease courtroom’s judgment.
The case within the trial courtroom had been heard by Chancellor Telford E. Forgety, Jr., and Decide Richard H. Dinkins penned the choice of the Court docket of Appeals. The spouse additionally requested her prices and bills on enchantment, however this request was denied.
No. E2017-01122-COA-R3-CV (Tenn. Ct. App. July 30, 2020).
See authentic opinion for precise language. Authorized citations omitted.
To study extra, see Child Support Laws in Tennessee.
See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes precise examples of parenting plans and youngster help worksheets from actual instances accessible on Amazon.com.