In Re: Conner F.
E2015-02502-COA-R3-JV
| Tenn. Ct. App. | Jul 26, 2017Background
- Parents met in Tennessee; child Conner born in Colorado in Nov. 2012. Parties later lived in Tennessee, Colorado, and briefly Costa Rica. Mother kept physical custody for most of the child’s life.
- Mother and child lived in Tennessee for the majority of the child’s life (all but ~275 days); Mother purchased a home in Hamilton County and received public assistance.
- Father filed for custody in Colorado; Mother filed in Tennessee. Colorado declined jurisdiction as an inconvenient forum and communicated with the Tennessee magistrate under the UCCJEA.
- Tennessee courts asserted jurisdiction under the UCCJEA (no Colorado “home state” and Tennessee had significant connections and available evidence). Tennessee designated Mother primary residential parent and adopted her parenting plan.
- Trial court set Father’s monthly income at $5,000, ordered child support of $1,017/month, and found an arrearage of $23,428.38 to be paid $200/month. Court declined to credit Father’s travel expenses against arrearage or current support (but acknowledged travel may justify future deviation).
- Father appealed, raising jurisdiction (subject-matter and personal), deviation for travel expenses, and income calculation for support.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| 1) Which state has jurisdiction under UCCJEA | Tennessee is proper: child and mother domiciled here; Colorado declined jurisdiction | Colorado was child’s birth/home state so Colorado should decide | Affirmed Tennessee: no Colorado home state; Tennessee had significant connections and evidence; Colorado declined as inconvenient forum |
| 2) Personal jurisdiction over Father for support | Mother (and State via assigment) contends Father submitted via counsel appearances and had sufficient contacts | Father contends court lacked personal jurisdiction | Held Tennessee had personal jurisdiction; Father waived objection by general appearances and had affiliating contacts; State had vested interest via mother’s public assistance |
| 3) Whether travel expenses require downward deviation from guidelines | Mother: travel burden does not substitute for support; deviation discretionary and should not apply here | Father: substantial travel to exercise parenting time justifies deviation/credit against support | Held no abuse of discretion in denying deviation now; travel may be considered later but Father’s decision to reside in Colorado and financial evidence weighed against deviation |
| 4) Whether trial court erred in calculating Father’s income | Mother: court’s income finding ($5,000/month) supported by inconsistent sworn statements, bank deposits, lifestyle, and expenditures | Father: court failed to identify method/finding to justify $5,000 and should use his lower claimed income | Held trial court did not abuse discretion; used permissible factual basis (statements, bank records, lifestyle) to set gross income for guidelines |
Key Cases Cited
- Bowden v. Ward, 27 S.W.3d 913 (Tenn. 2000) (standard for appellate review of legal conclusions and mixed questions)
- In re C.K.G., 173 S.W.3d 714 (Tenn. 2005) (appellate review of factual findings in juvenile matters)
- Mills v. Fulmarque, 360 S.W.3d 362 (Tenn. 2012) (statutory interpretation reviewed de novo)
- Button v. Waite, 208 S.W.3d 366 (Tenn. 2006) (UCCJEA governs interstate child custody jurisdiction)
- Parrott v. Abraham, 146 S.W.3d 623 (Tenn. Ct. App. 2003) (domicile principles for minors follow custodian’s domicile)
- Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006) (UCCJEA orders entitled to full faith and credit)
- Wade v. Wade, 115 S.W.3d 917 (Tenn. Ct. App. 2002) (gross income for child support is not limited to reported tax income)