Hence, although we commend Father for his efforts to obtain gainful employment and to finally begin paying child support, we find that his voluntary payment of one month of child support prior to trial is the very definition of "too little, too late" and is not sufficient to sway this factor in his favor. See In re L.J., No. E2014-02042-COA-R3-PT, 2015 WL 5121111, at *7 (Tenn. Ct. App. Aug. 31, 2015) (holding that a mother's act in obtaining housing only "two weeks before the final trial date in the termination proceeding" was "too little, too late."); see also In re Daymien T., 506 S.W.3d 461, 473 (Tenn. Ct. App. 2016) (concluding that the father's "progress on the requirements of the permanency plan after the filing of the termination petition" was "too little, too late" considering that the father had failed to take any action for nearly two years after the child had been removed from his custody) (internal citations omitted).

Unfortunately, Father's expressions of intent toward working to provide a suitable home for the Children going forward are "too little, too late." See In re L.J., No. E2014-02042-COA-R3-PT, 2015 WL 5121111, at *7 (Tenn. Ct. App. Aug. 31, 2015) (holding that a mother's act in obtaining housing only "two weeks before the final trial date in the termination proceeding" was "too little, too late."); see also In re Daymien T., 506 S.W.3d 461, 473 (Tenn. Ct. App. 2016) (concluding that the father's "progress on the requirements of the permanency plan after the filing of the termination petition" was "too little, too late" considering the father had failed to take any action for nearly two years after the child had been removed from his custody) (internal citations omitted). Moreover, the record supports the trial court's findings in all respects.

In re Alysia S., 460 S.W.3d 536 (Tenn. Ct. App. 2014). In re L.J., No. E2014-02042-COA-R3-PT, 2015 WL 5121111, at *6 (Tenn. Ct. App. Aug. 31, 2015) (reversing the trial court's finding of abandonment by failure to support due to insufficient evidence of the mother's expenses and this Court's consequent inability to determine whether the mother's two payments of $64.61 during the four-month statutory period, less than 25% of the child support owed, were insignificant given her means).

As such, Mother's effort to obtain housing on the eve of trial was largely too little, too late. In re L.J., No. E2014-02042-COA-R3-PT, 2015 WL 5121111, at *7 (Tenn. Ct. App., filed Aug. 31, 2015) (holding that mother's ability to obtain housing two weeks before the final trial date was "too little, too late" and did not demonstrate mother's ability to provide a suitable home "at an early date"). Specifically, the testimony was as follows:

To determine whether visitation was sufficient, "the court should consider quality as well as quantity." In re L.J., No. E2014-02042-COA-R3-PT, 2015 WL 5121111, at *4 (Tenn. Ct. App. Aug. 31, 2015) (no perm. app. filed). The concept of visitation requires "'much more than a mere physical presence.'"

Nonetheless, the court appropriately ruled that mother's sobriety on the last day of trial is not enough to show that mother will be able to provide a suitable home "at an early date." Compare In re L.J., No. E2014-02042-COA-R3-PT, 2015 WL 5121111, at *7 (Tenn. Ct. App., filed Aug. 31, 2015) (holding that mother's ability to obtain housing two weeks before the final trial date was "too little, too late" and did not demonstrate mother's ability to provide a suitable home "at an early date"), with In re Serenity W., No. E2018-00460-COA-R3-PT, 2019 WL 511387, at *5 (Tenn. Ct. App., filed Feb. 8, 2019) (holding that mother demonstrated that she could provide a suitable home "at an early date" because she had completed multiple rounds of rehabilitation, attended counseling, and "had been drug free for several months"). Accordingly, we hold that there is clear and convincing evidence to terminate mother's parental rights on this ground.

E.g., In re L.J., 2015 WL 5121111, at *6 (Tenn. Ct. App., filed Aug. 31, 2015) (citing In re Adoption of Angela E., 402 S.W.3d at 641). Here, petitioner presented little evidence of mother's expenses. Maternal grandmother testified that mother did not have to pay rent or utilities, but mother testified that she did not receive food stamps.

"A trial court cannot be left to speculate about this important element of failure to support." In re L.J., No. E2014-02042-COA-R3-PT, 2015 WL 5121111, at *7 (Tenn. Ct. App. Aug. 31, 2015). Without evidence establishing that Father had the ability to pay child support during the relevant time period, we conclude that Foster Parents failed to prove this ground of abandonment by clear and convincing evidence.

"A trial court cannot be left to speculate about this important element of failure to support." In re L.J., No. E2014-02042-COA-R3-PT, 2015 WL 5121111, at *7 (Tenn. Ct. App. Aug. 31, 2015).

To determine whether visitation was sufficient, "the court should consider quality as well as quantity." In re L.J., No. E2014-02042-COA-R3-PT, 2015 WL 5121111, at *4 (Tenn. Ct. App. Aug. 31, 2015) (noperm. app. filed).