Tennessee little one help case abstract on earnings willpower.

Leslie Allison Muse v. Robert L. Jolley, Jr.

The husband and spouse on this Knox County, Tennessee, case have been married in 1996 and had three kids.  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’ property.

The husband was ordered to pay little one help of $911 per 30 days, based mostly upon the trial court docket’s discovering that the husband’s earnings was $10,000 per 30 days.  The spouse filed some post-trial motions, after which she appealed to the Tennessee Court docket of Appeals.  One in all her arguments on attraction was that the decrease court docket had erred in setting the husband’s earnings.  She argued that the husband, a self-employed legal professional, had documented earnings 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 concern.

The trial court docket had reviewed the proof and located that each spouses had roughly equal incomes capacities.  It appeared on the years 2005-2007 and concluded that his earnings these years was about $127,000 per yr, or $10,600 per 30 days.  The 2014 earnings have been about the identical.

Whereas the spouse introduced proof reflecting earnings of $220,000 in a type of years, the appellate court docket agreed with the decrease court docket that the discovering was cheap.  Subsequently, it held that the decrease court docket had not abused its discretion in setting the earnings at $10,000.

The spouse argued that the court docket had impermissibly set a “cap” of $10,000 on the earnings.  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 Decide 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 actual language.  Authorized citations omitted.

To be taught 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 little one help worksheets from actual circumstances obtainable on Amazon.com.

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