Freda Michelle Humbard Miller v. Steven Dwayne Miller - Concurring

Court of Appeals of Tennessee

Freda Michelle Humbard Miller v. Steven Dwayne Miller - Concurring

DecidedApril 29, 2011

DocketE2010-00225-COA-R3-CV

StatusPublished

This text of Freda Michelle Humbard Miller v. Steven Dwayne Miller - Concurring (Freda Michelle Humbard Miller v. Steven Dwayne Miller - Concurring) 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.

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Freda Michelle Humbard Miller v. Steven Dwayne Miller - Concurring, (Tenn. Ct. App. 2011).

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Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE March 7, 2011 Session

FREDA MICHELLE HUMBARD MILLER v. STEVEN DWAYNE MILLER

Appeal from the Circuit Court for Jefferson County No. 20,939-I Ben W. Hooper II, Judge

No. E2010-00225-COA-R3-CV- FILED - APRIL 29, 2011

C HARLES D. S USANO, JR., concurring.

I concur in the decision of the majority opinion to vacate so much of the trial court’s judgment as pertains to the issue of child support. I also concur in the majority’s decision to remand this case to the trial court with respect to the issue of child support. I write separately to express my view that the absence of the supporting worksheets in the record transmitted to us does not necessarily mean that the trial court failed to utilize these worksheets in arriving at the respective amounts of child support decreed in the court’s judgment. If such worksheets were utilized, and employed correctly, in arriving at the trial court’s child support decrees and if those worksheets are still available, there is no reason for the trial court to again make the necessary calculations. All that would be required is the filing of the worksheets “as part of the official record.” See Tenn. Comp. R. & Regs. ch. 1240-2-4-.04(1) (2008).

Accordingly, I concur in the majority opinion.

_______________________________ CHARLES D. SUSANO, JR., JUDGE

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IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE March 7, 2011 Session

FREDA MICHELLE HUMBARD MILLER v. STEVEN DWAYNE MILLER

Appeal from the Circuit Court for Jefferson County No. 20,939-I Ben W. Hooper II, Judge

No. E2010-00225-COA-R3-CV- FILED - APRIL 29, 2011

C HARLES D. S USANO, JR., concurring.

I concur in the decision of the majority opinion to vacate so much of the trial court’s judgment as pertains to the issue of child support. I also concur in the majority’s decision to remand this case to the trial court with respect to the issue of child support. I write separately to express my view that the absence of the supporting worksheets in the record transmitted to us does not necessarily mean that the trial court failed to utilize these worksheets in arriving at the respective amounts of child support decreed in the court’s judgment. If such worksheets were utilized, and employed correctly, in arriving at the trial court’s child support decrees and if those worksheets are still available, there is no reason for the trial court to again make the necessary calculations. All that would be required is the filing of the worksheets “as part of the official record.” See Tenn. Comp. R. & Regs. ch. 1240-2-4-.04(1) (2008).

Accordingly, I concur in the majority opinion.

_______________________________ CHARLES D. SUSANO, JR., JUDGE

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Freda Michelle Humbard Miller v. Steven Dwayne Miller - Concurring, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freda-michelle-humbard-miller-v-steven-dwayne-mill-tennctapp-2011.