Separation Agreement Calls for Excess Child Maintenance, but Could be Modified
Tennessee child support case summary on child support modification in divorce and family law.
separation agreement can be modified, even though more generous than required.
James Nicholas Howard v. Ama Narvarte Howard
The parents in this Montgomery County, Tennessee, case separated in 2019, at which time the husband agreed to pay child support for the three children. The father filed for divorce and requested a modification to the child support obligation in 2021. The trial court initially agreed with the husband but reversed this holding after a wife’s motion to amend. The husband then appealed to the Tennessee Court of Appeals. The husband then appealed to the Tennessee Court of Appeals.
The agreement stated that it was subject to modification only by a court order upon a showing of a substantial change of circumstances.
At the hearing, the husband testified that he was in the process of being involuntarily separated from the U.S. Army due to service-related injuries. He was diagnosed with PTSD, traumatic brain injury and a traumatic spinal cord injury. The wife’s monthly income increased from $0 to $1000. Accordingly, the husband was required to pay $1184 per monthly, down from the original $2001 per month. The trial court reinstated the $2001 obligation after a rehearing. In so holding, the trial court had ruled that the original contract was for more than the guideline amounts, and that it should not be modified to reflect the guidelines.
The appeals court agreed with the husband that the lower court’s original ruling was correct. Even if the lower court’s logic had been correct, that the husband agreed to pay in excess of guidelines, it contained a provision regarding modification, and this specifically called for modification given a change of circumstances.
For these reasons, the Court of Appeals reversed the lower court’s ruling and remanded the case. The Court of Appeals also assessed the wife’s costs for the appeal.
