Opinion
C.A. No. M1999-00138-COA-R3-CV.
November 30, 1999.
Perry County Juvenile Court, No. CS 604, HON. CLOVIS PARNELL, JUDGE.
AFFIRMED AS MODIFIED AND REMANDED.Paul G. Summers, Attorney General and Reporter, Stuart Wilson-Patton, Assistant Attorney General, For Petitioner/Appellant.
Donald W. Schwendimann, Hohenwald, Tennessee, for Respondent/Appellee.
Rule 10 (Court of Appeals). Memorandum Opinion . — — (b) The Court, with concurrence of all judges participating in the case, may affirm, reverse or modify the actions of the trial court by memorandum opinion when a formal opinion would have no precedential value. When a case is decided by memorandum opinion it shall be designated "MEMORANDUM OPINION," shall not published, and shall not be cited or relied on for any reasons in a subsequent unrelated case.
The State of Tennessee, ex rel., Lou Ann Bates appeals from the judgment of the trial court in this paternity action awarding child support of $75 per week and ordering the respondent, David D. Qualls, to pay the sum of $740 as one-half of the total AFDC payments received by Ms. Bates since the filing of the petition.
A petition was filed to establish that Mr. Qualls was the father of a minor child, Cecil J. Bates, born November 2, 1994. In addition to seeking establishment of paternity, the petition sought an award of child support in accordance with the Child Support Guidelines. Mr. Qualls, through his attorney, answered the petition wherein he admitted he was the natural father of the minor child and asked that the court award prospective child support only, change the surname of the child to Qualls and establish visitation.
Following a hearing in the court below, the trial court ordered Mr. Qualls to pay $75 per week and the sum of $740 as one-half of the total AFDC payments. The order states that "[r]espondent has two other children to support and that paying 21% to the child in the instant matter would be an extreme economic hardship to Respondent's other children. . . . "
The state filed a motion to alter or amend the judgment on the basis that the trial court deviated from the child support guidelines without making a specific written finding as the Guidelines require. See Tenn.Comp.R. Regs. tit. 10, ch. 1240-2-4-.02(7) (revised 1994). The motion further recited that, although the mother did not request reimbursement for any of her expenses for the support of the child, the State of Tennessee requested a judgment for the $4,500 paid to support the child while Mr. Qualls failed to do so. Mr. Qualls responded to the State's brief, through his counsel, wherein he candidly and commendably stated that "[t]he Respondent/Appellee reluctantly concludes after an exhaustive search of precedent in this area that he cannot submit an intellectually-honest argument supported by authorities to counter the position set out by the [S]tate of Tennessee. Therefore, the Respondent/Appellee does not contest that child support should have been set at $110.00 per week and that he should be required to pay the $4,500.00 to reimburse the [S]tate of Tennessee for welfare payments made to his son. . . . "
The statement of evidence revealed that Ms. Bates testified that she did not want to be present at the hearing.
Based upon the record before us and the concession of Mr. Qualls, the judgment of the trial court is modified to increase child support payments to $110 per week and increasing the amount of reimbursement to the State of Tennessee to the sum of $4,500. The costs of this appeal are taxed to Mr. Qualls and this cause is remanded to the trial court for any further necessary proceedings.
The parties are in agreement that this amount is in compliance with the Guidelines.
_______________________________________ FARMER, J.
______________________________ CRAWFORD, P. J., W. S.
______________________________ HIGHERS, J.