Andrea (Messer) Schwager v. Timothy Scott Messer
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
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Plaintiff brought claims against Knox County and the County Clerk based on allegedly discriminatory employment practices. The trial court determined that Plaintiff committed serious discovery violations and imposed as a sanction the exclusion of certain evidence. With this evidence excluded, the trial court granted summary judgment to the Defendants. Plaintiff appeals, challenging the discovery sanction, the trial court's conclusion under the Tennessee Human Rights Act that the continuing violation doctrine did not apply, the trial court's conclusion that the Clerk was not individually liable, and the award of attorney's fees against the Plaintiff and her attorney. We affirm.
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