Husband Agreed To Pay Child Support For Another’s Man’s Child Must Pay
Tennessee child support law case law summary on modification requirements from the Court of Appeals.
Frances Rodriguez vs. Charles G. Price – Tennessee child support modification limitations
A 1998 divorce in Florida terminated the marriage of the Parties, namely, Charles G. Price (“the Father”) and Frances Rodriguez (“the Mother”). At the time the Tennessee child support modification case was filed, the Father lived in Tennessee with the Parties’ son, Alex, and the Mother lived in South Carolina with her son of an unknown father, Aaron.
While the Agreement set out a visitation schedule for the Mother with the Parties’ Child, Alex, it did not set out any visitation for the Father with the boy, Aaron. A footnote states that “It is uncontroverted that appellee [the Father] did not have a relationship with the child [Aaron] after the divorce.”
The circumstances between the Parties become a child support case relative only to the boy, Aaron, who was not the biological child of the Father. Both the “Final Judgment of Dissolution of Marriage” and the “Marital Settlement Agreement” stated that the Child was not the biological child of the Father, but that child support would be provided at a rate of $400/month, specifically, in exchange for a waiver by the Mother of the Father’s military retirement benefits. In addition, the Agreement contained a provision that if the Father failed to remit this monthly payment, the Mother would have the right to seek distribution from the Father’s military retirement benefits. It also contained a provision that this so-called ‘child support’ provision could not be modified as it related to the boy, Aaron.
The contract stated that any subsequent case was to be governed by Florida law. This clause required the Tennessee courts to apply Florida law, which they did. The Court of Appeals, using Florida law, found that the payments from the Father to the Mother were strictly “contractual” and could not be modified by the Court of Appeals pursuant to the Tennessee “Child Support Guidelines.”
No. E2007-02178-COA-R3-CV (Tenn. Ct. App. Oct. 6, 2008).
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.
