Kenneth Morgan Johnson v. Dorothy Lynn Johnson (Holt) - Concurring

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE July 8, 2004 Session

KENNETH MORGAN JOHNSON v. DOROTHY LYNN JOHNSON (HOLT)

Appeal from the Chancery Court for Coffee County No. 98-4 John W. Rollins, Judge

No. M2003-00866-COA-R3-CV - Filed October 1, 2004

CHARLES D. SUSANO, JR., concurring.

I agree completely with the majority opinion. I write separately to express my opinion that the statement in State ex rel. Vaughn v. Kaatrude, 21 S.W.3d 244 (Tenn. Ct. App. 2000) that “[s]etting child support is a discretionary matter,” id. at 248, should not be broadly read. For example, it is clear to me that a trial court has “limited discretion” to deviate from the amount of child support determined by applying the rules set forth in Tenn. Comp. R. & Regs., ch. 1240-2-4- .03. See Jones v. Jones, 930 S.W.2d 541, 544-45 (Tenn. 1996). However, I agree with the majority that the Kaatrude principle set forth above applies to the facts of this case. Finding no abuse of discretion in the trial court’s judgment, I concur.

_______________________________ CHARLES D. SUSANO, JR., JUDGE