Mother Will get Postjudgment Curiosity on Little one Help, Not Prejudgment


Tennessee baby assist case abstract on Kentucky curiosity.

Elizabeth Ann Baker Grace v. Jonathan Barrett Grace

photo mother working on budget with baby watching

Mother Will get Postjudgment Curiosity on Little one Help, Not Prejudgment

The mother and father on this case had been married in 2010 in Kentucky and had a toddler in 2011.  Shortly after the wedding, the husband started experiencing auditory hallucinations and tried suicide.  He enlisted within the Marine Corps, however two days into boot camp, he tried suicide once more and was discharged.  He was hospitalized in Nashville.  The mom filed for divorce in Kentucky, and the events agreed that the mom would have full custody, topic to visitation supervised by the daddy’s mother and father.  The daddy was not ordered to pay baby assist.  A 12 months later, the daddy was authorized for SSDI, and the mom started receiving $164 per 30 days on behalf of the kid.  The Kentucky court docket additionally ordered the daddy to pay $206.50 per 30 days.  The daddy assumed that he would obtain credit score for the SSDI cost, and began sending $60 per 30 days.

The mom continued to have good relations with the daddy’s mother and father till 2016.  At the moment, the grandparents took the daddy to a program on the baby’s college.  The mom thought this was inappropriate and minimize off all contact with the grandparents.

A month later, the daddy filed a petition to register the Kentucky decree in Montgomery County, Tennessee, and it was registered below an agreed order.

The daddy then requested the Tennessee court docket to change the kid’s schedule and requested for supervised visitation.  The mom and her new husband then moved to terminate the daddy’s parental rights and for stepparent adoption.

The trial court docket first denied the spouse’s petition, after which turned to the query of modifying the residential schedule.  That case was scheduled for trial in late 2020.  The trial court docket granted the daddy’s petition.  It discovered that the mom’s chopping off the visitation was a cloth change which warranted the change of visitation.  It additionally discovered that the daddy owed $5274 in previous baby assist below the Kentucky decree, however lowered the daddy’s obligation to $116 per 30 days, retroactive to 2017.  Total, the mom acquired a judgment of $7672, to be paid $100 per 30 days.  The trial court docket denied the mom’s request for pre- and postjudgment curiosity, on the grounds that the mom’s actions prompted the delay.  The mom then appealed to the Tennessee Courtroom of Appeals.

The appeals court docket first held that the Tennessee court docket had jurisdiction over the case, however held that the change couldn’t be retroactive previous to the submitting of the request.  Due to this fact, it requested the trial court docket to recalculate the quantity of the arrearage.  The appeals court docket then affirmed the modification of the residential schedule.

The appeals court docket additionally affirmed the decrease court docket’s findings as to the events’ incomes.

The appeals court docket then turned to the query of curiosity on the previous baby assist.  This was ruled by Kentucky legislation, which supplies for 8% judgment on unpaid baby assist, and 12% after judgment is entered.  The trial court docket had denied curiosity, and the Courtroom of Appeals held that the Kentucky provision for postjudgment curiosity was obligatory.  Nevertheless, with respect to the prejudgment curiosity, it held that denying this award was correct, for the reason that delay had been brought on by the mom.  Due to this fact, it remanded the case for a calculation of postjudgment curiosity, relationship to December 2020, the date of the related Tennessee order.

The mom was denied her request for legal professional’s charges on attraction.  With these modifications, the Courtroom of Appeals remanded the case to the trial court docket.

No. M2021-00116-COA-R3-CV (Tenn. Ct. App. Sep. 13, 2022).

See authentic opinion for precise language.  Authorized citations omitted.

To be taught extra, see Child Support Collection & Enforcement in Tennessee.

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes precise examples of parenting plans and baby assist worksheets from actual circumstances out there on Amazon.com.



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