April 2015 | 2015 WL 1450998 (Tenn. Ct. App. 2015)
Hayes v. Hayes (Tennessee 2015)
If an obligor receives variable income, the income may be averaged over a reasonable period of time. Courts may make this determination on a case-by-case basis. The Appellate Court upheld Circuit Court’s income calculation for Father where Court included income from second job. The Court remanded the case for further findings on whether an upward deviation was warranted. Father bowled as an amateur and the Court found Father treated bowling as a second job. Father argued that the cost to participate in tournaments outweighed any earnings. The Circuit Court did not afford this testimony much weight. The Court averaged Father’s earnings from a one year period and added an additional $500 per month onto his income. The Court further ordered Father to pay an additional $500 per month for private school tuition. The Appellate Court found that without specific findings to support this order, this was an abuse of discretion and remanded this issue back to circuit court for a new determination on whether an upward deviation was warranted.
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