TN Mom Not Voluntarily Underemployed When She Quits Job to Avoid Long Commute
Tennessee child support case summary on voluntary underemployment and modification.
State ex rel. Maria Brown v. Andrew Brown
The mother and father in this Tennessee case were divorce in 2008 and had one child, who was three years old. The permanent parenting plan granted equal parenting time to both parents, and set the father’s child support obligation at $29 per month. At the time, the mother’s monthly income was $3,666, and the father’s was $4,250.
In 2014, the mother, through the state, requested an increase on the grounds that there was a significant variance between the amount awarded and the child support guidelines. At that time, the father’s income was about $4,600 per month. The mother’s income for the previous years had ranged from $43,000 in 2008, but was only $11,000 in 2012 and $16,000 in 2013.
At hearing, the father argued that the mother was voluntarily underemployed, and that she should be imputed income of over $4,000 per month, based on her 2011 income.
The mother had left her job at a bank because of a long commute to work, and she believed it was in the child’s best interest to spend more quality time. She was currently enrolled in a radiology technician program, and expected an income of about $35,000 after graduating.
The trial court agreed with the mother that she was not underemployed. Therefore, it did not impute income other than her actual income of about $1,400 per month. The court set child support at $380 per month and also ordered the father to provide health insurance. The father appealed to the Tennessee Court of Appeals, and argued that the mother should have been imputed income.
The appeals court first reviewed earlier precedents on the subject of voluntary underemployment. It noted that voluntary underemployment must be motivated by an intent to avoid or reduce child support. But if the grounds for taking a lower paying job are reasonable, then it does not apply.
In this case, the appeals court looked at the mother’s stated reason of wanting to avoid the long commute to spend more time with her daughter. It also noted that she immediately took a healthcare position and was attending school to get a degree.
The appeals court noted that the father had the burden of proof to establish voluntary underemployment, and that the lower court had found the mother’s reasons to be reasonable. Based on these factors, it concluded that the lower court had acted within its discretion. Therefore, it affirmed the lower court’s judgment.
No. M2014-02497-COA-R3-CV (Tenn. Ct. App. Feb. 8, 2016).
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.
