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Date: 09-24-2024
Case Style:
Megan Elizabeth West Brewster v. Brandon Paul Brewster
Case Number: V-19-584-
Judge: J. Michael Sharp
Court: Circuit Court, Bradley County, Tennessee
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Cleveland, Tennessee divorce lawyers represented husband and wife in a child custody dispute.
In this post-divorce action, the father filed a petition seeking to modify the parties' agreed permanent parenting plan based on alleged mental and emotional instability of the mother. During trial, the father sought to remove the guardian ad litem for purportedly violating her duties pursuant to Tennessee Supreme Court Rule 40A; however, the trial court denied the father's motion. The father also sought to introduce statements by the minor children indicating that the mother had told them private information regarding the parties' divorce. Upon objection by the mother and the guardian ad litem, the trial court determined such statements to be inadmissible hearsay. The trial court ultimately entered an order on August 4, 2023, determining that modification of the parties' permanent parenting plan was neither necessary nor in the best interest of the parties' children despite certain changes in the parties' circumstances. The trial court also denied the father's motion for a restraining order against the mother, although the court found that the mother's actions had been inappropriate. The trial court further ordered that each party would pay his or her own attorney's fees. The father timely appealed. Upon our thorough review, we vacate the trial court's determination concerning child support and its finding regarding the mother's gross income. We remand for further hearing as needed and a determination of the mother's gross income with instructions to the trial court to consider whether gifts or payment of living expenses by her family should have been included. The trial court shall then be required to recalculate child support utilizing the proper gross income amount for the mother. The trial court's judgment is affirmed in all other respects. We deny the father's request for an award of attorney's fees incurred on appeal.
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Brewster v. Brewster, E2023-01240-COA-R3-CV (Tenn. App. Sep 24, 2024)
Outcome: For the foregoing reasons, we vacate the trial court's determinations regarding child support and Mother's gross income. We remand these issues for further hearing as needed and a determination of the mother's gross income with instructions to the trial court to consider whether gifts or payment of living expenses by her family should have been included. The trial court is further directed to recalculate child support utilizing the appropriate gross income amount for the mother. We affirm the trial court's decision in all other respects, including its denial of Father's request for attorney's fees. We also deny Father's request for attorney's fees on appeal. This case is remanded to the trial court for further proceedings consistent with this opinion. Costs on appeal are assessed to the appellant, Brandon Paul Brewster.
Plaintiff's Experts:
Defendant's Experts:
Comments: