Corder v. Corder

231 S.W.3d 346, 2006 Tenn. App. LEXIS 759, 2006 WL 3438181
CourtCourt of Appeals of Tennessee
DecidedNovember 30, 2006
DocketW2005-01711-COA-R3-CV
StatusPublished
Cited by18 cases

This text of 231 S.W.3d 346 (Corder v. Corder) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corder v. Corder, 231 S.W.3d 346, 2006 Tenn. App. LEXIS 759, 2006 WL 3438181 (Tenn. Ct. App. 2006).

Opinions

OPINION

HOLLY M. KIRBY, J.,

delivered the opinion of the Court,

in which DAVID R. FARMER, J., joined; ALAN E. HIGHERS, J., dissents in part and concurs in part.

This case involves a divorced parent’s obligation to support college-age children. After the divorce, the mother was the primary residential parent for the parties’ two children, who are now adults. In 1999, when both children were still minors, the father’s child support obligation was increased, and he was ordered to provide to the mother financial documents and financial information necessary to assist the children with their private high school and college expenses. The mother later filed a petition for contempt, arguing that the father failed to comply. At a 2001 contempt hearing, the mother asked that the father be held in contempt for, among other things, his failure to provide Mother with his 2000 tax returns for a financial aid application for the older child’s Ivy League college tuition. The trial court reserved the issue until further evidence could be presented. Soon after the hearing, in June 2001, the older child graduated from high school and the father unilaterally reduced his child support payments without seeking a modification of the trial court’s support order. Four years went by without a court hearing, and both children reached majority. In 2005, the father filed a petition to resolve all outstanding matters and close the case. After a hearing, the trial court determined that the father was in contempt of court for his failure to provide the mother with the financial documents necessary to complete a financial aid application for the older child’s college education and awarded damages to Mother. The trial court further held that the father was not permitted to unilaterally reduce his child support payments when the older child graduated from high school and, consequently, assessed a child support arrearage against him. The father appeals. We affirm in part and reverse in part holding, inter alia, that once the parties’ child was emancipated, the trial court was without authority to require the father to provide financial documents to assist her in obtaining college financial aid.

Respondent/Appellant Douglas Edward Corder (“Father”) and Petitioner/Appellee Valerie Jean Corder (“Mother”) were divorced by final decree on October 19,1998, and Mother was designated the primary residential parent for the parties’ two children, Victoria Vance Tronolone Corder (born October 20, 1982) and Alexander John Tronolone Corder (born December 7, 1984). The trial court found that Father was voluntarily unemployed or underemployed, determined his earning capacity, and ordered him to pay $1,200 per month in child support based on that earning capacity. Mother had requested that Father be required to pay for extraordinary educational expenses, because the minor children attended private schools. This request was denied. The final decree ordered Father to maintain health and dental insurance on the parties’ children and to pay Mother a lump sum of $10,000 as a share of the marital property.

[349]*349On April 14, 1999, Mother filed a petition for scire facias, alleging that Father had failed to comply with his obligations under the final decree. On April 19, 1999, Father tendered to Mother a check in the amount of $7,200. On April 27, 1999, the trial court entered an order finding Father to be in contempt for failing to pay Mother $1,496.52 as his share of the children’s medical and dental expenses, and the $10,000 lump-sum payment that was awarded to Mother as marital property. Father was ordered to pay these items as well as $21,600 in future child support for eighteen months. The trial court found, however, that Father had purged himself of contempt for back child support by tendering the $7,200 check.

The order on Mother’s contempt petition included a provision requiring Father to complete and give to Mother any financial information that would pertain to the children’s educational expenses. The order provided:

[Father must] fully, accurately, and promptly complete and return to [Mother] any and all documents, applications, and things pertaining to the education of the parties’ children, whether said request pertains to college, high school, or middle school, including, but not limited to any requests for financial information, financial aid, or scholarships necessary for same.

The trial court again denied Mother’s request to require Father to pay toward the children’s extraordinary educational expenses.

In September 1999, Mother filed a petition to modify, asking the trial court to, among other things, increase the child support award and order Father to contribute to the private school expenses of the parties’ children. In this petition, Mother asserted that Father had become gainfully employed and was able to pay the increased child support and the educational expense. She contended Father did not visit the children and had moved out of the jurisdiction without providing Mother his new address or telephone number. The matter was assigned to a divorce referee. On April 26, 2000, based on the referee’s findings, the trial court entered an order concluding that Father had failed to visit the children, increasing Father’s monthly child support obligation to $1,558, and requiring him to pay Mother $4,088.11 for his share of the children's medical expenses.

In the fall of 2000, the parties’ older child, Victoria, was a senior in high school. In November of that year, Victoria secured early admission to Dartmouth College. Consequently, Mother requested Father’s tax records and financial information for Victoria’s college financial aid applications. According to Mother, Father refused to timely, accurately, or completely provide either his income tax returns or the requested forms.

Subsequently, the parties filed various motions regarding Father’s child support obligation. Mother apparently filed a Second Petition for Writ of Scire Facias and Citation for Contempt against Father, but a copy of that petition is not in the record.1 Nevertheless, a consent order was later entered by the trial court which referred to the petition. The consent order disposed of some of the parties’ motions and stated that counsel for Father “agrees to accept service on the plaintiffs Second Pe[350]*350tition for Contempt and enter his/defendant’s appearance in same.”

On April 12, 2001, the trial court held a hearing on Mother’s second petition for scire facias and petition for contempt. Both Mother and Father testified, and a transcript of the hearing is included in the record. At the conclusion of the hearing, the trial court held Father in contempt and ordered him to pay Mother $7,125.25 in child support arrearages, $2,247 in past due medical bills, and attorney’s fees. After the trial court’s ruling, counsel for Mother requested that Father be required to give her a copy of his 2000 tax return, which was due to be filed with the IRS three days from the hearing, so that Mother and Victoria could complete Victoria’s application for financial aid at Dartmouth. The trial court specifically reserved its ruling on this request until further proof could be adduced.

On April 30, 2001, the trial court entered an order titled “Order on Second Petition for Writ of Scire Facias and Citation for Contempt” consistent with its oral ruling. The order stated:

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Corder v. Corder
231 S.W.3d 346 (Court of Appeals of Tennessee, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
231 S.W.3d 346, 2006 Tenn. App. LEXIS 759, 2006 WL 3438181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corder-v-corder-tennctapp-2006.