[Download] "Berryhill V. Rhodes" by In the Supreme Court of Tennessee at Jackson * Book PDF Kindle ePub Free

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eBook details

• Title: Berryhill V. Rhodes
• Author : In the Supreme Court of Tennessee at Jackson
• Release Date : January 30, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

We granted this appeal to determine: (1) whether parties may enter into a private agreement regarding the payment of child support outside the Child Support Guidelines; (2) whether the evidence preponderates against an award of retroactive child support in excess of the amount agreed upon by the parties; and (3) whether the plaintiff rebutted the presumption that a two-year average of income should be used to determine the amount of child support due under the guidelines. After careful consideration, we hold that a private agreement as to child support payments violates public policy, that the trial court failed to properly apply the Child Support Guidelines to determine the amount of child support, and that the plaintiff successfully rebutted the presumption that a two-year average of income should be used to determine the proper amount of child support. We remand the case for an application of the Child Support Guidelines to determine the amount of child support that would be owed under the guidelines and, if appropriate, for findings of fact justifying a conclusion that the application of the guidelines would be unjust or inappropriate.

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