Tennessee Tennis Pro Dad Behind in Child Support Held in Contempt
Tennessee child support law case law summary on child support modification and collection from the Court of Appeals.
MELODY JENNINGS BOWERS v. DANIEL R. BOWERS – Tennessee child support modification
The parties in this case are Melody Jennings Bowers (“Mother”) and Daniel R. Bowers (“Father”). Mother and Father were married for approximately 13 years and have two minor children. Father is employed as a tennis pro and his gross income is $7,000 per month. Mother was employed, prior to the divorce, in commercial real estate and her salary was $39,000 per year. Mother was laid off from the commercial real estate position post divorce and sought employment at the children’s school. When Mother was not hired at the school, she became a maid and earns $1,000 per month. Mother has a Bachelor’s degree in early childhood education and was considering in enrolling in a Masters degree for English Language Learners. Father’s educational background is unknown.
The initial child support agreement was set with the divorce in March 2008 and the Father’s obligation reverted to March 1, 2008. The child support order was for $2,005 in child support and included $789 for child-care expenses.
The trial court case began when the Father fell behind in child support payments and the Mother filed suit for payment. . The Father then filed a counter petition, that among other things, requested a child support payment modification. Father requested the child support be modified downward, as the Mother was staying home and caring for the children and he thought that the work-related childcare expenses were no longer his obligation. In addition, Father wanted a greater monthly income imputed on Mother for taking a job for only $1,000 per month, as well as a lower payment for his decrease in income.
A trial was held, and the court found the Father guilty of criminal contempt for failure to pay child support and alimony in a timely and complete manner. The court also found that Mother is not willfully or voluntarily unemployed. In accordance with the Tennessee law, the trial court determined if the mother’s employment choice was reasonable given the Mother’s situation and her responsibility to support her children. The trial court determined this when considering that Father only paid child support and alimony three times, and without this money Mother was unable to afford childcare and forced to work from home or take a job with a flexible schedule. The court also found evidence that Mother undertook great effort to work at the school, before resorting to cleaning houses. Thus, since the court failed to impute income to Mother, there was not a 15% “substantial and material change in circumstances” to allow Father to modify the child support payments. Father was given jail time and ordered to pay his unpaid child support and alimony payments, as well as Mother’s attorney fees.
Father appealed the trial court decision. The main issue regarding child support, on the appeal, is whether the trial court erred when it failed to reduce Father’s child support and alimony payments. The appellate court upheld the trial court’s decision not to impute income on the Mother. The appellate court, however, found that trial court erred in upholding Father’s payment of work-related child care. The appellate court found that under Tennessee law, the Mother could not provide child care services and be compensated by the Father. The work-related child care expenses could only be paid to a third-party provider. As such, the appellate court remanded the case back to the trial court for a recalculation of child support without work-related child care expenses.
No. M2010-00311-COA-R3-CV, (Tenn. Ct. App. Apr. 7, 2011).
See original opinion for exact language. Legal citations omitted.
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