Tennessee Father to Pay Only Additional $150 /Mo. in School Expenses

Tennessee child support law case summary on school expenses from the Tennessee Court of Appeals.

Martha Elaine Weaver Carter v. David Ray Carter – School expenses as child support add on

This Tennessee case involves a mother requesting an upward modification of child support paid by the father.

The mother, Martha Elaine Weaver Carter, and David Ray Carter, the father, had one child.  In October 2006, the parties divorced.  According to the permanent parenting plan incorporated into the final divorce decree, the father paid $966 per month in child support, plus half of the tuition for the child’s private school.

In July 2009, the mother petitioned the court to increase the father’s child support award since his income had also increased.   In November 2009, the mother amended her petition, explaining that her grandmother had been paying her half of the school tuition but at her advanced age was no longer able to continue with those payments.  She also said the father was capable of handling all of the tuition.  Finally, she claimed that the school had since initiated a school uniform policy and that the original parenting plan neglected to include the cost of books and other fees associated with school.

The trial court gave an order requiring the parties to submit evidence in November 2010.   The order cited an agreement between the parties, which stipulated that the father would pay for his share of those additional school expenses and that the mother was not seeking an upward deviation of the father’s child support for extraordinary extra-curricular activities.

A hearing was held in June 2011 and in August 2011 the court ruled that the originally agreed upon parenting plan was contractual and binding and therefore the court could not interfere with that plan.   Since, at the hearing, the mother admitted that the grandmother had changed her mind and continued to pay her half of the school tuition, the court denied the mother’s request to increase the father’s child support obligation regarding tuition.   The court increased the father’s child support obligation because of his increased income and required him to pay $1,565 per month, retroactive to July 2009.

Following a petition by the mother on several issues, including the school fees, and a hearing, the court gave an order in January 2012 amending the August 2011 order.   The court ruled that the earlier decision was incorrect when it held that the original agreement between the parents could not be modified.  The amended child support guidelines permitted the court to add in extraordinary expenses, if appropriate, taking into consideration the ability of each parent and the child’s lifestyle.  They therefore added an additional $150 a month in child support that the father had to pay for school expenses.   The mother appealed.

Mother wanted school fees prorated

On appeal, the mother claimed the court erred by requiring only an additional $150 a month for school fees.   She argued that the court did not consider the parties’ agreement cited by the court in November 2010, when they agreed the father would pay for his share of additional school expenses.   The appeals court found that the issue of the expenses in the November 2010 agreement was never raised during the hearing in June 2011.  Rather, the mother only addressed the original parenting plan, it’s meaning and whether or not it was binding.   As a result, it agreed with the trial court that the mother had essentially “abandoned” the November 2010 agreement.

The court also noted that the trial court took this earlier agreement into consideration as well as the amended child support guidelines which permitted additional child support for extraordinary expenses.  The decision of the trial court not to modify the original plan but to require an additional $150 for school expenses was within the courts permitted authority.

No. M2012-00342-COA-R3-CV (Tenn. Ct. App. Dec. 28, 2012).

See original opinion for exact language.  Legal citations omitted.

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