Facts: After marrying in 2002 and having one child, the parties separated on August 31, 2015, when Wife threatened Husband and Child with a 10-inch butcher knife.

Wife was arrested, but Husband dismissed the complaint to allow an opportunity for reconciliation.

Husband retained sole custody of Child under a court order.

Reconciliation failed, and Husband filed for divorce at the end of April 2016.

The trial court awarded child support to Husband retroactive to the date he filed for divorce, i.e., May 1, 2016.

On Appeal: The Court of Appeals reversed the trial court.

Tennessee’s Child Support Guidelines provide that retroactive child support should be calculated from one of these dates:

• the date of separation in a divorce;
• the date a parent abandoned the child and the remaining spouse; or
• the date a parent or nonparent caretaker obtained physical custody of the child.

The Court found it was error for the trial court to award retroactive child support to the date the complaint for divorce was filed instead of the date of separation, after which Husband had sole physical custody of Child:

Here, the parties separated on August 31, 2015, at which time Husband also retained exclusive physical custody of Child pursuant to a court order. Child remained with Husband even after the order expired on November 15. Accordingly, we hold that the support arrearage should be calculated from August 31, 2015, the date of the separation and the date on which Husband received exclusive physical custody of Child.

The trial court’s judgment was reversed and remanded for recalculation of the arrearage.

Blakemore v. Blakemore (Tennessee Court of Appeals, Western Section, June 25, 2020).