Narrative Opinion Summary
In the case between the mother and father regarding the custody and support of their minor children, the Tennessee Court of Appeals reviewed the Chancery Court of Williamson County's decision to change custody to the mother and set child support payments. Originally, the father had custody, but the mother filed to modify this due to a material change in circumstances, leading to a new custody order in her favor. The father, a truck driver and publisher, contested the child support amount of $1,480.00 per month, arguing it was based on inaccurate income estimates and claiming non-willful unemployment. The appellate court upheld the trial court's finding of his voluntary underemployment but reversed the calculation of potential earnings, remanding for recalculation based on actual income. The court applied Tennessee's rebuttable presumption guidelines for child support, and found insufficient evidence for the earnings claimed by the trial court. The mother's request for appellate attorney fees was denied, with costs split between both parties. The decision was partially affirmed and partially reversed, with instructions for further proceedings.
Legal Issues Addressed
Appellate Review of Non-Jury Casessubscribe to see similar legal issues
Application: The appellate court reviewed the trial court’s decision de novo, upholding the presumption of correctness for factual findings unless evidence proved otherwise.
Reasoning: The legal standard for reviewing non-jury cases is de novo, with a presumption of correctness regarding the trial court’s factual findings unless proven otherwise.
Attorney's Fees in Custody and Support Appealssubscribe to see similar legal issues
Application: The mother's request for attorney's fees on appeal was denied, despite statutory provisions allowing for such recovery in custody and support cases.
Reasoning: Ms. Anness's request for fees related to the appeal was denied, although she cited Tennessee Code section 36-5-103(c), which allows for such recovery in custody and support cases.
Child Support Calculation Based on Earning Capacitysubscribe to see similar legal issues
Application: The court determined child support payments based on the father's potential income rather than his current earnings, given evidence of willful underemployment.
Reasoning: The court found that he remains willfully and voluntarily underemployed.
Modification of Child Custody Based on Material Change in Circumstancessubscribe to see similar legal issues
Application: The court modified custody due to a significant change in the parents' circumstances, transferring custody to the mother.
Reasoning: Anness filed a petition to modify custody in March 2000, citing a material change in circumstances.
Rebuttable Presumption in Child Support Guidelinessubscribe to see similar legal issues
Application: The court applied child support guidelines as a rebuttable presumption, considering the father's potential income due to underemployment.
Reasoning: The court must apply Tennessee's child support guidelines as a rebuttable presumption, calculating support based on either net income or, in certain circumstances, potential income if the obligor is willfully and voluntarily underemployed.