Despite Much Litigation, Tennessee Husband’s Child Support Not Reduced
Tennessee child support law case law summary on altering child support from the Court of Appeals.
Tamara J. Harness v. Gerald Scott Harness – Altering Tennessee child support
The divorce of Tamara J. Harness and Gerald Scott Harness has been the attention of the Tennessee courts many times. That litigious history continued in 2009 when the husband filed two petitions to modify both his child support and spousal support obligations. He argued that the obligations should be adjusted because his income had decreased. A child support magistrate found that his income was $5,000 per month, which was less than his earlier income of $9,000. The magistrate set the child support at $1,049 per month. The magistrate also found that the defendant was in arrears in the amount of $12,250, held him in contempt, and ordered him jailed until he paid at least $10,000. The trial court affirmed the magistrate’s findings.
In December 2011, the wife filed a motion asking that the child support be increased. She came forward with bank records that she said showed a greater income. The order finding income of $5000 per month was set aside based on her motion. The trial court then went on to consider the evidence, which included the husband’s trip to Europe, and concluded that his income was $9,000. The trial court did order a reduction in alimony, but held the husband in contempt. After the trial court refused to modify its findings, the husband appealed to the Tennessee Court of Appeals.
The husband argued that the magistrate’s finding of $5,000 per month income was final, and should not have been altered. The Court of Appeals focused on whether this order was, in fact, a final order in the case. Upon a close examination, it concluded that it was not a final order. Therefore, the trial court acted within its discretion in making a later modification. The Court of Appeals also looked at the procedures followed in the trial court, and held that the husband was not caught off guard by the order being revisited.
The Court of Appeals also examined the evidence and concluded that the trial court had not erred when it found the husband’s income to be $9,000. For these reasons, the Court of Appeals affirmed.
No. E2012-02469-COA-R3-CV (Tenn. Ct. App. Nov. 21, 2013).
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 setting or modifying child support. To schedule your confidential consultation about Tennessee child support, call us today at (901) 683-1850.
