Tennessee Mom With Insurance License Has Income Imputed

Tennessee child support case law summary on mother’s imputed income from the Court of Appeals.

Chris Eric Strickland v. Pennye Danielle Strickland  – Tennessee child support imputed income

This Tennessee divorce case came before the Tennessee Court of Appeals twice.  In the first appeal, the appeals court had remanded the case after making a decision as to marital debts and other debts.  After a remand, the trial court had adopted a parenting schedule and set child support.  During these proceedings, the trial court had determined that the mother was voluntarily unemployed.  Therefore, when it set her child support obligation, the trial court imputed income to her in the amount of $1,733.33 per month.  When the mother filed a motion for rehearing, the court adjusted the parenting schedule somewhat, but refused to budge on the issue of imputed income.  The mother then filed a second appeal with the Tennessee Court of Appeals.

The appeals court first examined the parenting plan and concluded that the trial court had acted properly.  It then turned to the issue of the mother’s imputed income.

The appeals court first noted that the question of voluntary unemployment is a fact question requiring careful consideration of all of the facts and circumstances.  On appeal, there is a presumption of correctness of the trial court’s determination.  The court then examined the evidence.

It first noted that the mother had testified that she had a history of working, and had made in excess of $30,000 per year.  She had an insurance license which she kept current.

After reviewing the evidence, the appeals court concluded that it did not preponderate against the trial court’s finding.  For that reason, it affirmed the lower court’s rulings.  It did, however, deny the husband’s request for attorney fees on appeal.

No. M2013-02657-COA-R3-CV (Tenn. Ct. App. Sept. 9, 2014).

See original opinion for exact language.  Legal citations omitted.

For more information, see Tennessee Child Support Laws.  See also Miles Mason’s book available on Amazon.com Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring actual examples of parenting plans and child support worksheets from real cases.