Tennessee Dad Should Have Relocated to Meet Child Support Obligation
Tennessee child support law on willful underemployment and income determination case summary from the Tennessee Court of Appeals.
Diane Slawson Watters v. William C. Watters – Father Determined to Be Willfully Underemployed
Following over fourteen years of marriage, the mother, Diane Slawson Watters, and the father, William C. Watters, divorced in 1995. The mother was 47, the father was 44 and their one child was 13 years old. At the time of the divore, the father worked as a regional sales manager with General Mills, Inc. in Memphis with a net base salary of approximately $4,890.47 per month along with an annual bonus. In 1994, his gross income was $135,254.00. The mother was a homemaker and a student during the marriage. The mother was studying for a doctorate in counseling education and expected to graduate in August 1998 with an earning capacity between $35,000.00 and $50,000.00 after she had developed her practice over several years. In addition, the father was physically healthy but the mother had had a double mastectomy.
The father was ordered to pay $1,027 a month in child support. In addition, the father paid 21% of his annual bonus, less income tax and social security deductions, all private school tuition and expenses, medical insurance and 50% of medical expenses not covered by insurance. In 1996, the father filed a petition to modify his child support obligations. The regional office of General Mills where he worked closed and moved to Atlanta, Georgia. The father chose not to relocate so that he could continue to have time with their son, and as a result, had to take a lower paying job.
The divorce referee agreed that the father’s circumstances had changed and that the father was not “willfully underemployed.” The child payments were lowered to $804 per month, with the difference to be deposited into an educational fund for the child. The father continued to be responsible for the child’s private education expenses. Both the father and the mother appealed and the trial court reversed the referee’s decision. The trial court held that the father’s decreased income was voluntary since he could have relocated and that he was willfully underemployed. Though he claimed he did not relocate in order to spend time with his son, the father could have had visitations with the child from Atlanta. The father appealed.
The appeals court agreed with the findings of the trial court. According to the Tennessee child support guidelines, if the parent responsible for child support is found to be willfully unemployed or underemployed, the court may determine the amount of child support based on the parent’s earning potential rather than his actual income. In this case, the appeals court found that despite the father’s decision to leave his job and remain in Memphis in order to maintain his relationship with his son, his first obligation was to support his child. The father, the court found, voluntarily left his job. He could have continued at the same salary and the same job. He could have transferred to Atlanta and maintained his visitations with his son. While his ability to participate in his son’s life would have been more limited, the court held that his first obligation to his child was to support and maintain him. The court denied the requested child support modification.
22 S.W.3d 817 (Tenn. Ct. App. Oct. 19, 1999).
See original opinion for exact language. Legal citations omitted.
For more information, see Tennessee Child Support Answers to FAQ’s. For legal updates, news, analysis, and commentary, visit our Tennessee Family Law Blog and its Child Support category. A Memphis child support attorney from the Miles Mason Family Law Group can help you with Tennessee child support issues including setting or modifying child support. To schedule your confidential consultation about Tennessee child support, call us today at (901) 683-1850.
