State of Tennessee, ex rel. Latonya Campbell v. Thomas Conley

Citation: Not availableDocket: W2005-01842-COA-R3-JV

Court: Court of Appeals of Tennessee; May 25, 2006; Tennessee; State Appellate Court

Original Court Document: View Document

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The Court of Appeals of Tennessee reversed the trial court's decision granting Thomas Conley a downward deviation from child support guidelines when determining retroactive child support for a child conceived when the mother, Latonya Campbell, was a minor and the father was an adult. The court found that Tennessee Code Annotated § 36-2-311(a)(11)(C) prohibits deviations from child support guidelines in cases where the child is the product of statutory rape. The court highlighted that while the trial court has discretion to deviate from guidelines, this discretion does not extend to cases of statutory rape, which includes situations involving minors. The court remanded the case for the trial court to establish retroactive child support according to the guidelines. The issue at hand involved whether the trial court erred by allowing the deviation given the circumstances of the child's conception and the statutory framework governing child support.

Statutory construction is reviewed de novo, meaning the trial court’s interpretation is not presumed correct. The primary goal is to effectuate the General Assembly's intent, determined by the natural and ordinary meanings of the statute's language. Clear language is applied as is, while ambiguous language requires analysis of the entire statutory framework and legislative history. The General Assembly's choice of words is purposeful and carries meaning within the statute's context.

In this case, the Father contends that "rape" in Tennessee Code Annotated § 36-2-311(a)(11)(C)(ii) refers specifically to the definition in § 39-13-503, excluding statutory rape as defined in § 39-13-506. He argues that this interpretation aligns with his claim of not being convicted of statutory rape and the expiration of the statute of limitations. However, § 36-2-311(a)(11)(C) prohibits deviations from child support guidelines in certain circumstances, including when the child is a result of rape or incest, without requiring a criminal conviction or the higher standard of proof necessary in criminal cases. 

The trial court mistakenly concluded that a criminal conviction was necessary to apply § 36-2-311(a)(11)(C)(ii), leading to an error in granting a downward deviation in child support despite clear evidence that the child resulted from statutory rape by the Father. The language of § 36-2-311 does not limit the definition of rape to exclude statutory rape, and it allows for downward deviations based on clear and convincing evidence that applying child support guidelines would be unjust or inappropriate.

Tennessee Code Annotated 36-2-311(a)(11) outlines considerations for courts to deviate from child support guidelines, including: (i) the father's lack of knowledge about the child, (ii) the mother's failure to notify the father regarding the child's existence, and (iii) attempts by the mother to inform the father about the pregnancy or child. Any deviation must be supported by written findings, and the court's discretion is limited when clear and convincing evidence of specific circumstances is presented. The state's public policy mandates parental support for children, including those of unmarried parents, as underscored by relevant case law. Furthermore, statutes prohibit sexual intercourse between adults and minors, classifying violations as a Class E felony, where consent and the defendant's ignorance of the victim's age are not defenses. The trial court expressed disapproval of sexual relationships between significantly older adults and minors. The General Assembly allows for downward deviations in child support when justified, but not in cases involving violence, rape, or abuse. The statutory framework emphasizes discouragement of adult-minor sexual relations, and the inclusion of statutory rape in the definition of rape within the child support context aligns with public policy. In the case at hand, clear evidence supports that the child in question resulted from statutory rape.

Mother was 14 and Father was 27 when she became pregnant. Under Tennessee Code Annotated § 36-2-311(a)(11)(C), a downward deviation from retroactive child support guidelines is only allowed with clear and convincing evidence of certain circumstances, which do not require a criminal conviction. The statute and Tennessee public policy do not permit deviations in cases where the child is a result of rape, including statutory rape. The trial court incorrectly granted Father a downward deviation in child support calculations. The appellate court reversed this decision and instructed the trial court to establish retroactive child support at the guideline amount, with costs of the appeal assigned to Appellee Thomas Conley.