Skip to main content

Trevor Howell v. Kennedy Smithwick

Tenn. Ct. App.February 1, 2017No. E2016-00628-COA-R3-CV
Mixed ResultKennedy Smithwick

Case Details

Judge(s)
Judge Andy D. Bennett
Status
Published
Procedural Posture
Appeal of family law trial court decision

Related Laws

No specific laws identified for this ruling.

Outcome

Appeal court partially reversed trial court decisions, finding error in one criminal contempt finding, temporary child support calculation, failure to order wage assignment for child support, and surname change order, while affirming all other trial court decisions.

Excerpt

Mother has appealed the trial court's decisions regarding parenting time, criminal contempt, child support, and the child's surname. We have determined that the trial court erred in finding Mother in criminal contempt as to one of the three incidents at issue, in setting temporary child support, in failing to order Father to pay child support by wage assignment, and in ordering the child's surname to be changed to Father's surname. In all other respects, we affirm the decision of the trial court.

What This Ruling Means

**What happened:** This case involved a family law dispute between Trevor Howell and Kennedy Smithwick regarding their child. The mother (Smithwick) challenged several court decisions made by a trial court, including rulings about parenting time schedules, criminal contempt charges against her, child support payments, and changing the child's last name to match the father's surname. **What the court decided:** The appeals court found that the lower court made several mistakes. The appeals court ruled that the mother should not have been found in criminal contempt for one of three incidents, that the temporary child support amount was calculated incorrectly, that the father should have been required to pay child support through automatic wage deduction, and that the child's surname should not have been changed to the father's name. However, the appeals court agreed with all other decisions made by the trial court. **Why this matters for workers:** This case demonstrates how wage assignments work for child support payments. When courts order child support, they can require employers to automatically deduct payments from a worker's paycheck and send them directly to the recipient. This protects both parents by ensuring consistent payments and reduces conflicts over missed or late support payments.

This summary was generated to explain the ruling in plain English and is not legal advice.

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.