Cheryl S. Maher v. Joseph A. Woodruff
M2016-01468-COA-R3-CV
| Tenn. Ct. App. | Apr 13, 2017Background
- Wife and Husband married in 1979; two children born during marriage.
- Marital dissolution agreement (1998) provided Wife could receive up to 50% of Husband’s future military retirement benefits; custody shared.
- Husband later had custody of children; wife’s child support obligation was terminated in 1999 with reserved amount for Wife.
- In 2015 Wife sought contempt and a judgment for a share of retirement benefits already paid; Husband contested and sought back child support.
- Trial court (2016) held Wife entitled to 30.20838% of retirement going forward, denied retroactive retirement and calculated retroactive child support under outdated guidelines.
- On appeal, court reversed in part: re-calculated retirement% to 28.21011%, ordered recalculation of retroactive child support under guidelines in effect at trial, and affirmed other rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper guidelines for retroactive child support | Maher argues guidelines at time of incurrence (1999) should apply. | Woodruff argues guidelines at time of petition/order (2016) should apply. | Remand to use guidelines in effect at trial. |
| Judgment for back retirement benefits | Maher sought a judgment for previously received retirement benefits. | Woodruff contends insufficient proof of amounts as of trial. | No back-retirement award; no abuse of discretion to deny. |
| Calculation of Wife's share of retirement benefits | Wife entitled to a marital portion of retirement benefits; percentage may be miscalculated. | Challenge to math in coverture fraction. | Modify to 28.21011% as Wife's share of marital portion. |
Key Cases Cited
- Bogan v. Bogan, 60 S.W.3d 721 (Tenn. 2001) (breach of contract-type family law enforcement)
- Towner v. Towner, 858 S.W.2d 888 (Tenn. Ct. App. 1993) (enforcement of dissolution agreements; contract-like principles)
- Pylant v. Spivey, 174 S.W.3d 143 (Tenn. Ct. App. 2003) (breach and damages under dissolution agreements)
- ARC LifeMed, Inc. v. AMC-Tennessee, Inc., 183 S.W.3d 1 (Tenn. Ct. App. 2005) (elements of breach of contract; damages requires proof)
- Richardson v. Spanos, 189 S.W.3d 720 (Tenn. Ct. App. 2005) (child support guideline framework and review standard)