Former Stay-At-Home Parent Not Voluntarily Underemployed in Nashville, TN Divorce: Cain-Swope v. Swope

Facts: After 22 years of marriage, Husband and Wife divorced. Although many issues were raised on appeal, the most noteworthy one, in my opinion, was the question of whether Husband is voluntarily underemployed for child support purposes. Husband has a bachelor’s degree in Fine Arts. His prior employment paid anywhere from $10-$13 per hour. When […]

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Finding of Voluntary Underemployment for Child Support Reversed in Memphis Divorce: Rogin v. Rogin

Facts: Mother and Father are the parents of two children. Both parents were educated at Ivy League universities and earned Masters of Business Administration degrees from Vanderbilt University. After approximately nine years of marriage, they divorced. At trial in 2012, Father testified that he lost his job in October 2008 due to cutbacks in his […]

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Voluntary Underemployment, Modification of Child Support, and Contempt for Violating Paramour Clause in Tennessee Parenting Plan: Kendle v. Kendle

Facts: Mother and Father divorced after a short marriage. Father was ordered to pay child support. The parenting plan also contained the following paramour clause: “Neither party shall have overnight guests of the opposite sex to whom he or she is not married while the child is in his or her custody.” Father filed a […]

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Imputed Income for Child Support: Bowers v. Bowers

Facts: Wife and Husband were divorced, at which time Husband was ordered to pay child support. At the time of divorce, Wife’s income for child support purposes was determined to be $2000 per month. Years later, Wife filed a petition alleging Husband was in contempt for failing to pay his court-ordered child support and alimony. […]

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