Mom Gets Discretionary Costs of $45K After Winning Custody Battle

Tennessee case summary on awarding discretionary costs.

Kim Renae Nelson v. Loring E. Justice

The mother and father in this Roane County, Tennessee, case were the parents of a child who was born in 2005.  They had been involved in litigation since before his birth regarding paternity, the primary residential parent, and child support.  In 2017, the Juvenile Court entered a parenting plan granting the mother sole residential custody.  The father was awarded restricted parenting time, but there was a schedule for increasing that time.  The father appealed that order to the Tennessee Court of Appeals, which addressed the appeal in a separate opinion.

Meanwhile, the mother filed a motion asking for her discretionary costs, which totaled over $83,000.  These were fees for doctors, as well as a court reporter’s bill of over $40,000.

The trial court held that the mother had been the prevailing party, and granted costs totaling over $45,000.  The father then brought a separate appeal of this order.  He argued that the trial court should have had an in-person evidentiary hearing, rather than hearing the matter by telephone.  He also argued that the trial court erred in awarding the costs.

The appeals court first held that the telephonic hearing was proper.  It found that there had been no need for an evidentiary hearing in the matter.

The father next argued that most of the mother’s costs were not recoverable under the relevant court rule.  The appeals court looked at the rule and first noted that the mother has the burden of proof to establish that the costs were reasonable and necessary.

The appeals court noted that the trial court had found the mother to be the prevailing party, and that many of the requested expenses had been necessary.  On the other hand, the lower court had denied some expenses.  After examining the evidence, the appeals court agreed with the lower court that the award had been proper.  For that reason, the Court of Appeals affirmed, and taxed the costs of appeal against the father.

No. E2017-01546-COA-R3-JV  (Tenn. Ct. App. Jan. 25, 2019).

See original opinion for exact language.  Legal citations omitted.

To learn more, see The Tennessee Divorce Process: How Divorces Work Start to Finish.