Mom Not Entitled to Upward Deviation to $9K/Mo. in Child Support

Tennessee child support modification case summary.

Ola Halim v. Tarek G. El-Alayli

The mother and father in this Williamson County, Tennessee, case were the divorced parents of three children.  Two of those children had reached the age of majority, but one of those children suffered from severe autism.  The parents were previously appointed as co-conservators of that daughter.  Under the original 2010 parenting plan, the mother was named the primary residential parent, and child support was set at $3,000 per month.  This included an upward departure due to the daughter’s special needs.

In 2014, the mother went back to court to modify the child support.  She alleged that there had been a material change of circumstances due in part to an increase in the father’s income.  Her total request was for over $9,000 per month.

The case was heard by Judge Deanna B. Johnson, who made an order in 2015.  In her ruling, Judge Johnson set the support obligation at $4,009 per month.  The mother then appealed to the Tennessee Court of Appeals, arguing that the award was too low.

The appeals court started its discussion by explaining the proper standard of review.  In non-jury cases, the judgment should not be set aside unless the trial court abused its discretion and the evidence preponderates against the findings.

The court then noted that it was clear that the lower court had followed the child support guidelines.  It also found that the lower court had examined the evidence and come to the conclusion that a larger amount would not have been appropriate in the case.  The appeals court said that the evidence did not preponderate against the lower court’s findings.

The mother had listed several specific expenses that she believed should be included, such as camp, food, vacation, and housing.  But the appeals court noted that these items are already contemplated by the guidelines, and that an additional award would not be appropriate.

The mother argued that some special expenses, such as the charges for one daughter’s cheerleading, should be in addition to the normal child support.  But the appeals court held that these expenses did not rise to the level of special expenses that would justify an increase in child support.

The appeals court also addressed the mother’s argument that an educational trust fund be set up for one of the children.  But after reviewing the record, the court affirmed this portion of the judgment as well.

For these reasons, the Court of Appeals affirmed and remanded the case.

No. M2016-00500-COA-R3-CV (Tenn. Ct. App. Apr. 24, 2017).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Child Support Modification in Tennessee | How to Modify Child Support.

See also 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 available on Amazon.com.