Tenn Father’s Gross Receipts Over $400,000 Has Income Set at $8,000/Mo
Tennessee law case summary on child support in Tennessee divorce and family law from the Tennessee Court of Appeals.
Stephen Todd Mays v Melissa Gail Mays – Tennessee Child Support Laws
In the divorce case of Stephen Mays and Melissa Mays, the father filed an appeal over the amount of his income and child support he was required to pay. In this situation, Stephen Mays, the husband, and Melissa Mays, the wife, were married for 12 years, and they had one minor child. The husband filed for divorce in February of 2008 and the wife filed a motion for child support. The trial court gave the husband visitation rights and required him to pay $225 per week in pendente lite support. In November of 2009, the court granted the wife divorce on the grounds of inappropriate marital conduct and ordered the husband to pay child support of $225 per week.
In the appeal, the husband believed his income was calculated incorrectly, leading to the wrong award of child support. The trial court found the total control of all income of at least $8,000 per month. The trial court found the husband was able to maintain a good standard of living post separation and continued to enjoy various amenities and toys, as well as keeping the child involved in expensive hobbies. The husband was self-employed and running a construction maintenance and repair business. In tax return from 2007 indicates a gross income of $110,241, with a gross profit of $52,293. The court used business invoices, totaling $198,000, the monthly income he reported on a loan application for the purchase of a boat and various bank forms to document his income. In 2008, he deposited about 410,363 per month into his account. The appeals court could not show a preponderance of evidence against the trial court’s ruling of the husband’s income.
The second issue for the appeals court to determine was if the amount of child support was accurate. The appeals court determined the amount of support was not determined in accordance with the applicable regulations. The appeals court said that the court had the authority to require the husband to pay $935 in monthly support to be paid in weekly installments, but it ordered the husband to pay child support in the amount of $225. The record lacked any indication of how the amount of weekly child support was determined. It appeared the amount resulted from a misapplication of the guidelines or a mathematical error in calculating the monthly support. Therefore, the appeals court remanded the case to a lower court to recalculate and appoint the appropriate child support amount.
No M2010-02479-COA-R3-CV, April 23, 2012.
See original opinion for exact language. Legal citations omitted.
Memphis divorce attorney, Miles Mason, Sr., JD, CPA, practices family law exclusively with the Miles Mason Family Law Group, PLC. To learn more about Tennessee child support laws, read and view:
