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Amy Lynelle Gardner v. Richard Wendell Gardner
Citation: Not availableDocket: M2004-01992-COA-R3-CV
Court: Court of Appeals of Tennessee; January 23, 2006; Tennessee; State Appellate Court
Original Court Document: View Document
Amy Lynelle Gardner appeals a child support modification decision from the Circuit Court for Wilson County, where Richard Wendell Gardner sought changes to the child support agreement post-divorce. Gardner argued that the existing provisions were unconscionable, partly because both parties had shared one attorney during the divorce. The trial court determined that Gardner was inadequately represented and found certain provisions unconscionable. Consequently, the court terminated his obligation to pay child support for the child after reaching majority, mandated that the mother apply her state employee discount to the child's college tuition, and granted Gardner the tax deduction for tuition payments made. The appellate court affirmed the trial court's decision, concluding there were no errors in the findings. The original child support terms included $1,300 monthly payments until 2009, private school tuition for the youngest child, and coverage for college expenses for both children, along with the mother receiving the tax deduction. The trial court's ruling confirmed that the child support obligation ended in 2005 with the youngest child's high school graduation, and Gardner would continue private school tuition payments while sharing college costs with the mother, who would apply her discount. Mother appealed the trial court's modification of the permanent parenting plan established in the final divorce decree. The plan specified that Father would pay child support according to Tennessee Child Support Guidelines, which do not require payments beyond the age of majority or high school graduation. Both parties had agreed to use a single attorney for the divorce process. Father testified that he was misled into believing the attorney was representing both parties, and he was instructed to sign routine documents without proper review. Despite earning $60,000 annually, Father was induced to pay for both children's college expenses and was required to pay $1,300 monthly in child support. The total cost for college was approximately $20,000 per year, with an additional child support obligation of $15,600 annually. Given these circumstances, the trial court concluded it would be unconscionable to hold Father to the agreement due to the attorney's conflict of interest and the misrepresentation of his role. The trial court's judgment was affirmed, and costs of appeal were assessed against Mother, Amy Lynelle Gardner.