Irrelevant Bank Records Need Not Be Produced Despite Mom’s Agreement
Tennessee child support law case law summary on modification and evidence from the Tennessee Court of Appeals.
Martha Elaine Weaver Carter v. David Ray Carter – Tennessee divorce bank records evidence in child support modification
The mother and father of one child were divorced in 2006. The mother was named the primary residential parent, and the father was awarded 85 days of parenting time per year. In 2009, the mother moved to modify child support. There was a subsequent appeal to the Tennessee Court of Appeals regarding a number of issues regarding parenting time, and whether the mother’s new husband, an attorney, should be allowed to represent her in the proceedings.
The trial court had required the mother to produce bank records regarding funds held by her on behalf of the child, who was then sixteen years old. At the hearing, the father’s attorney had questioned the mother about money that had been given to the daughter. The mother objected on the grounds of relevance, but the court allowed the questions. The mother stated that she was willing to give copies of the bank statements. When the trial court ordered her to do so, her attorney objected.
The trial court had ordered the records produced, even though it had doubts as to their relevance, in order to avoid future litigation. The Court of Appeals stated that it had sympathy for the trial court’s rationale, but found that the records did not have any relevance, since the only issue being tried at that time was the petition to modify parenting time. Even though the mother said that she could produce them, the Court of Appeals held that this did not amount to consent to producing the irrelevant evidence, especially since her attorney objected.
For that reason, the Court of Appeals held that the trial court had committed error in ordering her to produce them, and reversed that portion of the trial court’s order.
Because the Court of Appeals affirmed other parts of the trial court’s order, it taxed the costs of appeal equally to both parties.
No. M2013-00193-COA-R3-CV (Tenn. Ct. App. Oct. 7, 2013).
See original opinion for exact language. Legal citations omitted.
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