TN Dad Awarded Evidentiary Hearing on Mom’s Income
Tennessee law case summary after 10 year marriage in Tennessee divorce and family law from the Tennessee Court of Appeals.
Daniel Lee Coleman v. Andrea Gibson Coleman – Tennessee divorce laws
The Mother, Andrea Coleman brought action against the Father, Daniel Coleman in January of 2010. The parties, married in May of 2000 had one child born in February of 2003. The Mother stated that the parties had irreconcilable differences between them and that she should be designated primary residential parent. The Father, agreeing that irreconcilable differences existed, denied the mother was entitled to a divorce and counter-complained. He alleged the mother was guilty of misconduct and he should be granted the divorce.
The parties owned a home previously owned by the Father prior to the marriage and owned rental real estate. The Father presented a proposed parenting plan and asked the real estate to be divided. The Mother denied allegations.
The lower court rejected the Father’s parenting plan. The parties used mediation to discuss the issues regarding the parenting plan and the home’s appraisal. The Father stated the parties mediated issues including those related to assets and debts during a session on May 25, 2010. He claimed the parties entered into an agreement at that time and presented it to the court. Not all issues were resolved, though.
The Father stated that in child support calculations, the mother’s updated payroll information indicated her income was $4,123 per month and his information showed he paid $164.52 per month for health/dental insurance. He believed she should be credited with 147 days.
A divorce decree was signed in August of 2010, ending the couple’s 10-year marriage. The agreement presented to the court indicated that the parties came to an agreement on all matters related to parenting issues except for child support. However, there was a dispute relating to the marital home equity and marital debt. The Decree provided that the Father would pay all marital debt other than the mortgage on the rental house.
The Father filed a motion stating a mistake was made in the Final Degree and that the Mother’s income was understated. He also added that the division of days was incorrect for parenting time and that other errors affecting child support were made. He argued it was improper for the Court to sign the mother’s proposed Final Decree containing these errors. A hearing occurred in February of 2011. The Court entered an Order in March of 2011 finding the parties agreed to numerous changes. The Court noted that issues relating to the child support calculation and division of debt must be held in a petition to modify.
The Father filed an appeal. The Trial Court focused only on Rule 60 in the motion and denied it. Rule 60 requires the provision of proof. However, it did not address Rule 58, which is to alter or amend. In short, the Father stated the Trial Court erred in not setting child support without hearing evidence.
The appeals court ruled to vacate the Trial Court’s judgment pertaining to these issues. It noted that an evidentiary hearing was necessary to determine the facts to support the destination of child support to be paid in the case. It remanded the case to a lower court for this type of hearing.
No. E2011-00974-COA-R3-CV (Tenn. Ct. App. May 8, 2012).
See original opinion for exact language. Legal citations omitted.
Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, child support, alimony, child custody, parental relocation, child support modification, alimony modification, and divorces including business valuation and forensic accounting issues. Miles is the author of The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know. A Memphis divorce attorney from the Miles Mason Family Law Group can help. Contact the Miles Mason Family Law Group, PLC at 901-683-1850.
