Julie C.W. v. Frank Mitchell W. Jr. (Tennessee 2021)
The trial court has discretion over deviations from presumptive child support. In this divorce proceeding, there was a large income disparity. The father was an extremely high earner. The mother requested an upward deviation in child support. The final decree set support at the presumptive amount and ordered the mother to pay 10 percent of the uncovered medical. The decree acknowledged the father’s agreement to pay for the children’s private school tuition and up to $600 per month for extracurricular activities. The mother appealed. She argued the court abused its discretion in not granting an upward deviation in support. The appellate court found the evidence showed the trial court didn’t find the mother’s listing of expenses credible. It also found the court assigned the correct pro rata share of uncovered medical expenses to the mother. She stipulated to her earning potential and support and uncovered medical were set accordingly.