Husband’s Bowling Prize Winnings Imputed for Support in Tennessee Divorce

Tennessee child support case law summary on imputed income from the Court of Appeals.

Jessica Catherine Hayes v. Douglas Aaron Hayes – imputed income Tennessee divorce

The husband and wife in this Tennessee divorce case were married in 2006 and had two minor children, both of whom attended private school.  In 2012, the mother filed for divorce on the grounds of irreconcilable differences, and later added a claim for inappropriate marital conduct.

While they were able to resolve many issues through mediation, a number of issues remained for trial, and these included a determination of the husband’s income as an amateur bowler.  His bowling income varied from year to year, depending on how successful he was.  In 2013, his gross income at the time of trial was only $500.  His earnings in 2012, his most successful year, had been approximately $5,500, winning twelve tournaments.  In 2010 and 2011, he testified that he had won approximately $3,200 per year.

After trial, the court awarded the wife a divorce, and imputed $500 per month to the husband as his bowling income.    The husband appealed a number of issues, including this ruling.

The appeals court first noted that this was a factual determination by the trial court, made after listening to conflicting testimony.  The appeals court noted that both parties’ testimony had contained some inaccuracies, but that the trial court had viewed the wife’s testimony as more credible.  It pointed out that the husband spent much of his time bowling, and had said that he considered it his second job.

After reviewing all of the evidence, the appeals court held that the trial court had acted within its discretion in setting the bowling income at $500 per month.

The Court of Appeals vacated other parts of the lower court’s ruling and remanded the case.

No. M2014-00237-COA-R3-CV (Tenn. Ct. App. Mar. 26, 2015).

See original opinion for exact language.  Legal citations omitted.

For more information, see Tennessee Child Support Laws.  See also Miles Mason’s book available on Amazon.com Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring actual examples of parenting plans and child support worksheets from real cases.