Separation Agreement Called for Excess Child Support, But Could Be Modified
Tennessee child support case summary on child support modification in divorce and family law.
separation agreement can be modified, even though more generous than required.
James Nicholas Howard v. Ama Narvarte Howard
The parents in this Montgomery County, Tennessee, case separated in 2019, at which time the husband agreed to pay child support for the three children. The father filed for divorce in 2021 and requested a modification of the child support obligation. Initially, the trial court agreed with the husband, but reversed that holding after a motion to amend by the wife. In the later ruling, the lower court agreed with the wife that the obligation was non-modifiable. The husband then appealed to the Tennessee Court of Appeals.
The agreement stated that it was subject to modification only by a court order upon a showing of a substantial change of circumstances.
At the hearing, the husband testified that he was in the process of being involuntarily separated from the U.S. Army due to service-related injuries. He was diagnosed with PTSD and traumatic brain injuries.
The lower court had computed that the husband’s income was $4800 per month, which included a severance payment. The wife’s income had increased from zero to $1000 per month. Based upon this, the husband’s obligation was set at $1184 per month, down from the original $2001 per month. But upon rehearing, the trial court restored the $2001 obligation. In so holding, the trial court had ruled that the original contract was for more than the guideline amounts, and that it should not be modified to reflect the guidelines.
The appeals court agreed with the husband that the lower court’s original ruling was correct. Even if the lower court’s logic had been correct, that the husband agreed to pay in excess of guidelines, it contained a provision regarding modification, and this specifically called for modification given a change of circumstances.
For these reasons, the Court of Appeals reversed the lower court’s ruling and remanded the case. It also assessed the costs of appeal to the wife.
No. M2022-01478-COA-R3-CV (Tenn. Ct. App. July 30, 2024).
See original opinion for exact language. Legal citations omitted.
To learn more, see Child Support Laws in Tennessee.
To learn more, see Child Support Modification in Tennessee | How to Modify Child Support.
