Skip to main content

Rochelle Yvonne Lillard v. Robert Walter Lillard

Tenn. Ct. App.March 8, 2021No. M2019-02305-COA-R3-CV

Case Details

Judge(s)
Presiding Judge Frank G. Clement, Jr.
Status
Published
Procedural Posture
appeal affirmed

Related Laws

No specific laws identified for this ruling.

Outcome

Appellate court affirmed the trial court's determination that the daughter has a severe disability and ordered the father to continue paying child support beyond age 21, finding the evidence supported the disability finding and that it was in the daughter's best interest to remain in the mother's care.

Excerpt

This appeal arises from a post-divorce Petition to Modify Child Support and Declare Child to be Severely Disabled. After an evidentiary hearing, the court determined the parties' daughter had a severe disability and ordered the father to continue paying child support beyond the age of 21. The father raises three issues on appeal: (1) Did the trial court err in determining that the parties' daughter had a severe disability (2) Did the trial court err in awarding child support beyond the age of 21 without making specific factual findings that the daughter was living under the care and supervision of the mother and it was in the daughter's best interest to remain in the mother's care and (3) Did the trial court err in determining the amount of child support the father owed? We find the preponderance of the evidence supports the trial court's determination that the daughter has a severe disability, and it is in the daughter's best interest to remain in her mother's care. As for the amount of the child support award, the father primarily argues the daughter is underemployed therefore, the court should have imputed additional income to her. We have determined that the trial court correctly identified and applied the relevant legal principles, the evidence supports the trial court's determination regarding the daughter's ability to earn income, and the award of child support is within the range of acceptable alternatives. Therefore, we affirm the trial court's decision in all respects

What This Ruling Means

This case involved a divorced couple disputing child support for their adult daughter who has disabilities. The mother, Rochelle Lillard, asked the court to declare their daughter severely disabled and require the father, Robert Lillard, to continue paying child support beyond age 21 (when support normally ends). The father opposed both requests. The trial court ruled in favor of the mother, finding that the daughter did have a severe disability and ordering the father to keep paying child support past age 21. The father appealed this decision, arguing the court was wrong about both the disability determination and the extended support order. The appeals court upheld the original ruling. They agreed the evidence showed the daughter was severely disabled and confirmed that the father must continue paying child support beyond the typical age limit. This case matters for working parents because it shows courts will extend child support obligations when an adult child cannot support themselves due to severe disabilities. Parents should understand that having a disabled adult child may mean ongoing financial responsibilities that don't end at age 21. It also demonstrates that courts carefully evaluate medical evidence when determining disability status for support purposes.

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.