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James Curtis Pierce v. Hollie Marie Pierce (Marszalek)

Tenn. Ct. App.November 19, 2018No. W2017-02447-COA-R3-CV

Case Details

Judge(s)
Judge Thomas R. Frierson, II
Status
Published
Procedural Posture
appeal

Related Laws

No specific laws identified for this ruling.

Excerpt

In this post-divorce matter, the trial court determined that the father's child support obligation should be increased due to the father's significant increase in income subsequent to the parties' divorce. In calculating the father's new child support obligation amount, however, the trial court included the children's private school expenses, which the father had previously agreed to bear, as a "work-related childcare" expense for the father on the respective child support worksheet, thereby reducing the father's child support obligation. The mother has appealed. We vacate the trial court's modifications to the parties' permanent parenting plan and its calculation of child support, including its inclusion of private school tuition and health insurance premiums paid by a stepparent on the child support worksheet. We remand the child support issue to the trial court for recalculation of the father's child support obligation consistent with this opinion. We also vacate the trial court's partial award of attorney's fees to the mother and remand that issue to the trial court for determination of a reasonable award of all attorney's fees incurred by the mother concerning her petition to increase the father's child support obligation. We affirm the trial court's judgment in all other respects. In addition, we grant the mother's request for attorney's fees incurred on appeal.

What This Ruling Means

**Pierce v. Pierce: Court Corrects Child Support Calculation Error** This case involved a divorced father whose ex-wife sought to increase his child support payments after his income significantly increased following their divorce. The father had previously agreed to pay for his children's private school tuition as part of their divorce agreement. When calculating the new child support amount, the trial court made an error. It incorrectly counted the private school expenses as "work-related childcare" costs on the child support worksheet, even though these were actually educational expenses the father had separately agreed to cover. This mistake affected how much child support he owed. The appeals court sent the case back to the lower court, ordering it to recalculate the child support amount correctly without improperly categorizing the school expenses. **Why this matters for workers:** While this is primarily a family law case, it highlights how income increases can affect financial obligations. Workers going through divorce should understand that significant pay raises, promotions, or career changes may lead to modifications in support payments. It also shows the importance of clearly defining different types of expenses in legal agreements to avoid confusion later. Workers should ensure any agreements about covering children's expenses are precisely worded to prevent calculation errors.

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

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