Taylor v. Taylor (Tennessee 2022)

An order must contain findings of fact to support an upward deviation for extraordinary educational expenses. This award is in addition to presumptive support. The parents had two children. The father’s original support order included an upward deviation for private school tuition. The parties filed numerous post-divorce motions. In the latest action, following a bench trial, the trial court modified support. The final order was then amended. The support amount in the amended order differed from the support amount in attached worksheet, and the father was ordered to “pay per pay period.” The father appealed. The appellate court affirmed in part and remanded in part. The deviation itself was not an abuse of discretion. Evidence showed the children were doing well in private school and the father agreed they should stay there. However, the order contained no proof of the average of the children’s tuition and expenses, and the child support amount should be consistent in the order and on the worksheet. The appellate court remanded for the trial court to calculate the monthly amount of support and then the amount for the upward deviation, which are to be added together.