August 2018 | No. M2017-00119-COA-CV (Tenn. Ct. App. 2018)

Reid v. Reid (Tennessee 2018)

In order to find a parent underemployed for child support purposes, the court must apply a list of factors. A parent who inflates expenses while downplaying income isn’t necessarily underemployed as defined by statute. The father filed a petition to modify his child support, and the mother responded with a counter-petition for modification of custody and support. The trial court found father intentionally underemployed but that there was no significant variance to justify the modification. The trial court denied both petitions, and both parents appealed. The appellate court found that while the evidence showed father was inflating his expenses and assigning much of his income to his brother, this didn’t meet the statutory definition of underemployed.

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