DPBC’S APPELLATE PRACTICE TEAM SECURES CHILD SUPPORT AWARD AND ATTORNEY FEES FOR CLIENT IN COURT OF APPEALS

Nov 14

Dodson Parker attorneys Jacob A. Vanzin and Donald Capparella recently notched an appellate win for their client, a mother of two minor children, whose ex-spouse challenged the trial court’s increase of his child support obligation. The ex-spouse claimed that his disability pay could not be counted as income for child support purposes. The Trial Court disagreed and awarded mother an additional $199 a month from the time Father began receiving his disability pay.

Father appealed claiming that federal law preempted the relevant provision the Tennessee Child Support Guidelines. However, Father failed to notify the Tennessee Attorney General and Reporter of his constitutional challenge, as required. The Appellate Court found that the preemption issue was waived and affirmed the Trial Court’s award. The Court of Appeals also awarded Mother attorney fees on appeal.

You can view the July 11, 2023, Oral Argument by Jacob A. Vanzin here.

You can read the full opinion of the Court of Appeals here.

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