Maher v. Woodruff (Tennessee 2017)

M2016-01468-COA-R3-CV (Tenn. Ct. App. 2017)
April 2017

To calculate back child support, apply the guidelines that are in effect at the time of the order. The mother in this case appealed an award of retroactive child support and argued the trial court applied the wrong guidelines. Custody of the children changed from mother to father in 1999. The support amount was not set at that time, but was reserved. The father did not request support until 2015. At a hearing, the trial court applied the 1999 guidelines to figure the amount of back support. The appellate court agreed with the mother that the current guidelines should have been applied and cited Tenn. Comp. R. & Regs. 1240-02-04-.06(3)(a), “[f]or the monthly BCSO [basic support obligation], apply the Guidelines in effect at the time of the order, using the Child Support Worksheet.”