When Child Graduates, TN Dad Must Go Back to Court
Tennessee child support case summary on termination of child support.
State ex rel. Jana Ruth Alford Nichols v. Randall Nelson Songstad
The mother and father in this Shelby County, Tennessee, case were divorced in 2006. Under the permanent parenting plan, the father was required to pay $1,154 per month in child support, and the plan included language that court approval must be obtained before any modification of this amount.
In 2011, the eldest child graduated from high school. After she did, the father prorated his payments by about half, but didn’t obtain any court approval. The mother accepted the lower payments for the next four years, at which time the youngest child also graduated.
In 2014, the mother filed for public assistance in Texas, where she was then living, but received little or any. She, along with the state, eventually filed a petition for contempt in Tennessee court, and the case was heard by Juvenile Court Magistrate Debra Sanders, and then Judge Nancy Percer Kessler. The father was found to be in arrears in the amount of almost $30,000. Dissatisfied with this outcome, the father appealed to the Tennessee Court of Appeals. He argued that he had the right to prorate the child support without a court order.
The father argued that a parent has no obligation to provide support to a child who is emancipated. Therefore, he reasoned, his reduction in payment did not constitute a “modification” such as to require a court order. Unfortunately, the Court of Appeals disagreed with this interpretation.
The appeals court noted that the child support guidelines specify amounts to be paid, based upon the circumstances existing at the time of the hearing. To put it another way, for there to be grounds for modification, there must be a hearing so that the date can be ascertained. The court also noted that the guidelines cover the situation of reduction because of change in the number of children, and the guidelines presuppose that this situation requires a hearing.
The father cited a number of cases, but most of them were decided before Tennessee adopted its current child support guidelines. The appeals court held that the guidelines were quite clear, and that those cases were not to be followed for that reason.
For these reasons, the Court of Appeals affirmed the lower court’s ruling and assessed the costs of appeal against the father.
No. W2016-02011-COA-R3-JV (Tenn. Ct. App. May 17, 2018).
See original opinion for exact language. Legal citations omitted.
To learn more, see Child Support Modification in Tennessee | How to Modify Child Support.
See also 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 available on Amazon.com.
