Which Version of Tennessee’s Child Support Guidelines Are Used to Determine Retroactive Child Support?: Maher v. Woodruff


Herston on Tennessee Family Law

Facts: Mother and Father divorced in 1998. At the time of the divorce, they shared custody of their two children. Father was ordered to pay $1500 per month in child support.

Less than a year later, after Mother’s chronic mental illness prevented her for caring for the children, the court transferred custody of the children to Father and terminated his child-support obligation. The Court order further provided, “[Mother] has a duty to pay child support, but the amount of that support is reserved.”

Thereafter, Mother provided no financial support for the children.

Over 16 years later, Mother filed a petition for contempt relating to a dispute over the division of Father’s retirement benefits. Father counterclaimed for back child support for the period during which he had sole custody of the children, specifically August 1999 through May 2004.

There was no dispute about whether Mother owes child support. The…

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