Home Family Law Lawyer’s Earnings Pegged at $10K/Mo For Baby Help Functions

Lawyer’s Earnings Pegged at $10K/Mo For Baby Help Functions

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Tennessee little one help case abstract on revenue willpower.

Leslie Allison Muse v. Robert L. Jolley, Jr.

The husband and spouse on this Knox County, Tennessee, case have been married in 1996 and had three kids.  Divorce proceedings began in 2010, and the courtroom entered its remaining decree in 2015.  The spouse was granted a divorce on the grounds of inappropriate marital conduct and divided the events’ property.

The husband was ordered to pay little one help of $911 per thirty days, based mostly upon the trial courtroom’s discovering that the husband’s revenue was $10,000 per thirty days.  The spouse filed some post-trial motions, after which she appealed to the Tennessee Courtroom of Appeals.  One in every of her arguments on attraction was that the decrease courtroom had erred in setting the husband’s revenue.  She argued that the husband, a self-employed lawyer, had documented revenue over the previous three years considerably in extra of $10,000.  After reviewing the property division within the case, the appeals courtroom turned to that problem.

The trial courtroom had reviewed the proof and located that each spouses had roughly equal incomes capacities.  It appeared on the years 2005-2007 and concluded that his revenue these years was about $127,000 per yr, or $10,600 per thirty days.  The 2014 earnings have been about the identical.

Whereas the spouse offered proof reflecting revenue of $220,000 in a kind of years, the appellate courtroom agreed with the decrease courtroom that the discovering was affordable.  Subsequently, it held that the decrease courtroom had not abused its discretion in setting the revenue at $10,000.

The spouse argued that the courtroom had impermissibly set a “cap” of $10,000 on the revenue.  However the appeals courtroom held that this declare was not supported.

For these causes, the Courtroom of Appeals affirmed the decrease courtroom’s judgment.

The case within the trial courtroom had been heard by Chancellor Telford E. Forgety, Jr., and Choose Richard H. Dinkins penned the choice of the Courtroom of Appeals.  The spouse additionally requested her prices and bills on attraction, however this request was denied.

No. E2017-01122-COA-R3-CV (Tenn. Ct. App. July 30,  2020).

See authentic opinion for actual language.  Authorized citations omitted.

To study extra, see Child Support Laws in Tennessee.

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes precise examples of parenting plans and little one help worksheets from actual instances obtainable on Amazon.com.

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