Laronda F. Johnson v. Barry Dominick
M2016-01643-COA-R3-CV
| Tenn. Ct. App. | Nov 16, 2017Background
- Child born Dec. 2000 to LaRonda Johnson (Mother) and Barry Dominick (Father); parents unmarried; parties dispute whether Mother notified Father earlier.
- Tennessee Child Support Office (ex rel. Mother) filed Petition to Establish Parentage on Apr. 29, 2015; Magistrate found paternity and awarded retroactive support for 60 months.
- Father sought rehearing; de novo hearing in circuit court on July 8, 2016; trial court ordered retroactive support only from May 1, 2015 (month after petition filing) and entered a $3,974 judgment after crediting prior payments.
- Mother appealed challenging (1) the start date for retroactive support and (2) whether Father proved clear and convincing evidence for deviation from guidelines.
- Appellate court did not decide the substantive issues because the trial court’s order lacked the written findings and conclusions required by Tenn. Code Ann. § 36-2-311(a)(11) and Tenn. R. Civ. P. 52.01.
- Court vacated the retroactive-support portion of the judgment and remanded for compliance with statutory and rule-based findings, permitting additional proof on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether retroactive support should run from child’s birth or from petition filing | Johnson: retroactive support should run from birth | Dominick: support should begin from petition filing (or deviation justified) | Vacated trial court’s retroactive-support order for lack of required findings; substantive issue not reached |
| Whether Father proved clear and convincing evidence to deviate from guideline retroactivity | Johnson: no sufficient basis to deviate | Dominick: asserted facts warrant deviation under §36-2-311 | Not reached due to insufficient written findings; remand ordered for proper findings |
Key Cases Cited
- Palmer v. Palmer, 562 S.W.2d 833 (Tenn. Ct. App. 1977) (court speaks through its orders; findings required in judgments)
- Lovlace v. Copley, 418 S.W.3d 1 (Tenn. 2013) (trial-court factual findings must show steps leading to conclusions for appellate review)