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Andrea (Messer) Schwager v. Timothy Scott Messer

Tenn. Ct. App.September 27, 2019No. W2018-01820-COA-R3-CV

Case Details

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

Related Laws

No specific laws identified for this ruling.

Outcome

The trial court modified the father's child support obligation based on income variance since the divorce, ordered him to pay 65% of private school tuition, and awarded the mother partial attorney's fees and expert witness fees. The appellate court affirmed the trial court's judgment in all respects, finding no reversible error.

Excerpt

In this post-divorce action concerning modification of the father's child support obligation, the trial court determined that a significant variance existed between the parties' incomes at the time of the modification hearing and the amount of income the parties earned at the time of the divorce. The trial court modified the father's child support obligation accordingly. The trial court declined, however, to modify the father's child support obligation for any time period prior to the filing of the mother's modification petition in 2015 despite language in the parties' agreement providing that recalculation would take place in 2011. The trial court also ordered that the father would pay 65% of the children's private school tuition and the mother would pay 35%. The trial court further awarded to the mother a portion of her attorney's fees and expert witness fees incurred up to the time of the hearing. The mother has appealed. Discerning no reversible error, we affirm the trial court's judgment in all respects. We decline to award attorney's fees to either party on appeal.

What This Ruling Means

**What Happened:** This case involved a divorced couple disputing child support payments. Andrea Schwager asked the court to modify the child support amount her ex-husband Timothy Scott Messer was required to pay. She argued that their incomes had changed significantly since their original divorce, which meant the child support should be adjusted to reflect their current financial situations. **What the Court Decided:** The trial court agreed that both parties' incomes had changed enough to justify modifying the child support amount. The court updated the father's child support obligation based on their current incomes and also ordered him to pay 65% of their child's private school tuition costs. Additionally, the mother was awarded partial attorney's fees and expert witness fees. When the father appealed this decision, the higher court upheld the original ruling completely. **Why This Matters for Workers:** This case demonstrates that child support obligations can be modified when there are significant changes in income after a divorce. Workers should understand that if their income substantially increases or decreases after divorce, either parent can request the court to adjust child support payments accordingly. This protects both parents and ensures child support reflects current financial realities rather than outdated income information.

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

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