Scot v. Scot (Tennessee 2019)

Income for a modification of child support must be based on a parent’s most recent actual income. A father filed to change custody and modify child support accordingly. During the hearing, he testified as to his earnings in 2017 and to what he might earn in 2018. The court calculated child support using his prospective income for 2018. Finding no significant variance, the district court denied his modification request, and he appealed. The appellate court found that the district improperly used prospective income. The court should have used his actual income for 107. The case was reversed and remanded for new findings.