Jones v. Jones

15 Citing cases

  1. Elliot v. Elliot

    825 S.W.2d 87 (Tenn. Ct. App. 1992)   Cited 70 times
    Awarding fees and expenses

    Azbill v. Azbill, 661 S.W.2d 682 (Tenn. App. 1983). The change in circumstances must be shown to have occurred after the entry of the divorce decree, and must not have been foreseeable at the time the decree was entered into. Jones v. Jones, 659 S.W.2d 23 (Tenn. App. 1983). Changes in circumstances are not material if such changes were in the contemplation of the parties at the time they entered into the Support and Alimony Agreement. Hicks v. Hicks, 26 Tenn. App. 641, 176 S.W.2d 371 (1943).

  2. Parsons v. Parsons

    No. W2018-02008-COA-R3-CV (Tenn. Ct. App. Dec. 12, 2019)   Cited 1 times

    If Ms. Parsons should request modification of child support based on a material change in circumstances arising from facts not in existence at the time of April 6, 2016, she would have to file a petition specifically to that end. See Watts v. Watts, No. 01-A01-9011CH00406, 1991 WL 93780, at *2 (Tenn. Ct. App. June 5, 1991) (citing Jones v. Jones, 659 S.W.2d 23, 24 (Tenn. Ct. App. 1983) ("In order to obtain an increase in child support [after a final order], the petitioner has the burden of showing there has been a material change of circumstances justifying an increase in child support, and that the change has taken place from and after the entry of the previous [order].")). No such petition was filed in this case.

  3. Hiatt v. Hiatt

    No. E2015-00090-COA-R3-CV (Tenn. Ct. App. Jan. 28, 2016)

    "This change in circumstances must have occurred since the original award." Brewer v. Brewer, 869 S.W.2d 928, 935 (Tenn. Ct. App. 1993) (citing Jones v. Jones, 659 S.W.2d 23, 24 (Tenn. Ct. App. 1983)). A "substantial" change is one that "significantly affects either the obligor's ability to pay or the obligee's need for support."

  4. Church v. Church

    346 S.W.3d 474 (Tenn. Ct. App. 2011)   Cited 33 times

    "This change in circumstances must have occurred since the original award." Brewer v. Brewer, 869 S.W.2d 928, 935 (Tenn.Ct.App. 1993) (citing Jones v. Jones, 659 S.W.2d 23, 24 (Tenn.Ct.App. 1983)). A "substantial" change is one that "significantly affects either the obligor's ability to pay or the obligee's need for support."

  5. Gill v. Gill

    No. W2010-00921-COA-R3-CV (Tenn. Ct. App. Mar. 24, 2011)

    "This change in circumstances must have occurred since the original award." Brewer v. Brewer, 869 S.W.2d 928, 935 (Tenn. Ct. App. 1993) (citing Jones v.Jones, 659 S.W.2d 23, 24 (Tenn. Ct. App. 1983)). A "substantial" change is one that "significantly affects either the obligor's ability to pay or the obligee's need for support."

  6. Wiser v. Wiser

    339 S.W.3d 1 (Tenn. Ct. App. 2011)   Cited 39 times
    Determining that "the trial court's failure to award attorney fees to Wife in connection with her [successful] request for a modification of Husband's child support was an abuse of discretion," where the father enjoyed a significant increase in income but failed to voluntarily increase his child support obligation

    "This change in circumstances must have occurred since the original award." Brewer v. Brewer, 869 S.W.2d 928, 935 (Tenn.Ct.App. 1993) (citing Jones v. Jones, 659 S.W.2d 23, 24 (Tenn.Ct.App. 1983)). A "substantial" change is one that "significantly affects either the obligor's ability to pay or the obligee's need for support."

  7. Wilson v. Wilson

    No. M2003-02261-COA-R3-CV (Tenn. Ct. App. Apr. 13, 2005)   Cited 1 times

    In order to obtain an increase in child support thereafter, the petitioner has the burden of showing there has been a material change of circumstances justifying an increase in child support, and that the change has taken place from and after the entry of the previous decree. Jones v. Jones, 659 S.W.2d 23 (Tenn.App. 1983).Watts v. Watts, No. 01-A01-9011CH00406, 1991 WL 93780 at *2 (Tenn.Ct.App. June 5, 1991).

  8. Sturdivant v. Sturdivant

    Appeal No. 01-A-01-9804-CH-00198 (Tenn. Ct. App. Mar. 25, 1999)

    An award for spousal support cannot be modified unless there has been a substantial change in circumstances since the entry of the previous support decree. Seal v. Seal, 726 S.W.2d 934, 935 (Tenn. Ct. App. 1986); Jones v. Jones, 659 S.W.2d 23, 24 (Tenn. Ct. App. 1983). However, once a change has been shown to exist, the courts should weigh the same factors that were considered in making the original support award.

  9. Hart v. Hart

    Appeal No. 01A01-9707-CV-00344 (Tenn. Ct. App. Jul. 1, 1998)

    It was evidently intended that the child support and alimony would enable the wife to maintain the marital home for herself and children during their minority. Jones v. Jones, Tenn. App. 1983, 659 S.W.2d 23. She now insists that it is appropriate that she continue to maintain the same accommodations for the children now that they have become adults.

  10. Hedge v. Hedge

    Appeal No. 01-A-01-9603-CH-00109 (Tenn. Ct. App. Aug. 2, 1996)

    Ms. Hedge filed a supplemental brief, citing cases where the courts have found that the termination of child support is a sufficient change of circumstances upon which to base a modification of alimony. See Jones v. Jones, 659 S.W.2d 23 (Tenn.App. 1983); Willison v. Willison, Court of Appeals No. 778 (filed Knoxville, Feb. 2, 1988). However, the youngest child went to live with Mr. Hedge in 1984 and the record does not show whether he ever lived with Ms. Hedge thereafter, or when he attained the age of majority.