TN Dad Can Lower Child Support with Evidence on Trust Income Sparse
Tennessee child support law case law summary on lowing child support from the Court of Appeals.
Tracy Lynn Muhlstadt v. Larry David Muhlstadt – Tennessee divorce child support change
The mother and father were the parents of one child, born in 2007, and were divorced in 2008 in Robertson County, Tennessee. Under the agreed parenting plan, the mother was named primary residential parent, parenting time was split equally, and the father was ordered to pay $365 per month in child support.
In 2011, the father filed a petition to modify child support. He alleged that there had been a material change in circumstances because of changes in the parties’ incomes. The mother filed a counter-petition, asking for an order that the child attend the school in the area for which her residence was zoned. The trial court denied the father’s request for modification, granted the mother’s request regarding the school, and awarded the mother her attorneys’ fees. The father appealed to the Tennessee Court of Appeals.
On the issue of child support, the father argued that the trial court based its decision on income that he was not, in fact, receiving. When child support was set, he was receiving an annual payment of $22,000 from a trust. He contended that he was no longer receiving this income. There had been unexplained deposits in the father’s account, and the trial court had concluded that the father could have provided documentation, but failed to do so. The trial court had also noted that the father didn’t provide any trust documents or tax returns regarding the trust income.
The Court of Appeals, however, agreed with the father. It noted that the father had no ability to compel payments from the trust, or even to demand documentation. The Court of Appeals held that there was insufficient evidence of this income, and that the father was not responsible for presenting such evidence. Therefore, the Court of Appeals reversed the denial of the motion to modify, and remanded the case for a redetermination of the father’s support obligation.
The Court of Appeals determined that the evidence supported the trial court’s order regarding the school the child would attend. Therefore, it affirmed that portion of the order. And since the Court of Appeals reversed the child support determination, it also reversed the award of attorney’s fees, and stated that they should be reconsidered in accordance with the modification petition.
For these reasons, the Court of Appeals remanded the case to the trial court.
No. M2012-01267-COA-R3-CV (Tenn. Ct. App. July 19, 2013).
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 setting or modifying child support. To schedule your confidential consultation about Tennessee child support, call us today at (901) 683-1850.
