TN Mom Entitled to Attorney’s Fees in Child Support Case
Tennessee child support case summary on attorney’s fees.
The child in this Tennessee child support case was born in 2005. The parents initially resided together, but separated shortly after the birth. In 2006, the juvenile court ordered the father to pay $402 per month in child support, with an arrearage of over $1,000. Later that year, the amount was increased to $520 per month.
In 2012, the mother went back to court asking for a modification. She asserted that there was a significant variance between the child support guidelines and the amount that had been set. The father in turn asked for a change of custody. After hearings before both a magistrate and the trial court, the father’s obligation was increased to $959 per month. Despite the mother’s request for attorney’s fees, none were awarded, and the trial court gave no explanation for the denial.
The mother then appealed to the Tennessee Court of Appeals, and requested attorney’s fees both for the lower court, and for the appeal.
The appeals court first noted that attorney’s fees are generally discretionary with the trial court, and decisions are reviewed on the “abuse of discretion” standard. It also noted that parties in civil cases are generally responsible for their own attorney’s fees in the absence of a statute or contract. However, there is an exception in family law cases where the economically disadvantaged parent needs to enforce child support obligations.
The appeals court noted that this exception could apply to the case. Even though the trial court has discretion, this discretion must be based on legal principles. In this case, the Court of Appeals held that the trial court erred in not making findings to show how it based its ruling. The court then decided to review the record itself to make those findings. It found that there was a large disparity of income between the mother and father. The father had a gross monthly income of almost $10,000, but the mother’s was only about $1,500. It went on to hold that if she had to pay her attorney’s fees, this would amount in a reduction of child support, to the detriment of the child. Therefore, it held that she was entitled to recover her fees, both for the trial and for the appeal.
For this reason, it reversed the lower court’s judgment, and sent the case back for the lower court to determine the amount of the mother’s fees.
No. M2015-01125-COA-R3-JV (Tenn. Ct. App. Mar. 16, 2016).
See original opinion for exact language. Legal citations omitted.
To learn more, see Child Support Laws in Tennessee.
