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Freda Michelle Humbard Miller v. Steven Dwayne Miller - Concurring

Citation: Not availableDocket: E2010-00225-COA-R3-CV

Court: Court of Appeals of Tennessee; April 29, 2011; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Freda Michelle Humbard Miller filed an appeal against Steven Dwayne Miller regarding a judgment from the Circuit Court for Jefferson County, specifically concerning child support. The Court of Appeals vacated the trial court's judgment on the child support issue and remanded the case for further proceedings. Judge Charles D. Susano, Jr. concurred with the majority's decision, emphasizing that the absence of child support worksheets in the record does not imply the trial court did not use them. He noted that if the worksheets were properly utilized and are available, the trial court need not recalculate the amounts but simply file the worksheets as part of the official record, in accordance with Tennessee regulations.

Legal Issues Addressed

Appellate Review and Remand Procedures

Application: The case was remanded to the trial court to address the procedural oversight regarding the missing child support worksheets, without necessarily recalculating the support amounts if the worksheets are available.

Reasoning: If the worksheets were properly utilized and are available, the trial court need not recalculate the amounts but simply file the worksheets as part of the official record.

Child Support Determinations and Documentation

Application: The appellate court emphasizes the importance of including child support worksheets in the official record to ensure compliance with procedural requirements, even if the trial court has properly utilized them.

Reasoning: The absence of child support worksheets in the record does not imply the trial court did not use them.