Tennessee youngster help case abstract on revenue willpower.
Leslie Allison Muse v. Robert L. Jolley, Jr.
The husband and spouse on this Knox County, Tennessee, case had been married in 1996 and had three youngsters. Divorce proceedings began in 2010, and the court docket entered its remaining decree in 2015. The spouse was granted a divorce on the grounds of inappropriate marital conduct and divided the events’ belongings.
The husband was ordered to pay youngster help of $911 per 30 days, based mostly upon the trial court docket’s discovering that the husband’s revenue was $10,000 per 30 days. The spouse filed some post-trial motions, after which she appealed to the Tennessee Court docket of Appeals. Certainly one of her arguments on attraction was that the decrease court docket had erred in setting the husband’s revenue. She argued that the husband, a self-employed legal professional, had documented revenue over the previous three years considerably in extra of $10,000. After reviewing the property division within the case, the appeals court docket turned to that situation.
The trial court docket 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 revenue these years was about $127,000 per 12 months, or $10,600 per 30 days. The 2014 earnings had been about the identical.
Whereas the spouse introduced proof reflecting revenue of $220,000 in a type of years, the appellate court docket agreed with the decrease court docket that the discovering was affordable. Subsequently, it held that the decrease court docket had not abused its discretion in setting the revenue at $10,000.
The spouse argued that the court docket had impermissibly set a “cap” of $10,000 on the revenue. However the appeals court docket held that this declare was not supported.
For these causes, the Court docket of Appeals affirmed the decrease court docket’s judgment.
The case within the trial court docket had been heard by Chancellor Telford E. Forgety, Jr., and Choose Richard H. Dinkins penned the choice of the Court docket of Appeals. The spouse additionally requested her prices and bills on attraction, however this request was denied.
No. E2017-01122-COA-R3-CV (Tenn. Ct. App. July 30, 2020).
See unique 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 circumstances obtainable on Amazon.com.
