Stephanie Paige Roper (now Stephanie Paige Bruce) v. Wesley Garrett Roper

CourtCourt of Appeals of Tennessee
DecidedJanuary 23, 2026
DocketM2024-00298-COA-R3-CV
StatusPublished
AuthorJudge W. Neal McBrayer

This text of Stephanie Paige Roper (now Stephanie Paige Bruce) v. Wesley Garrett Roper (Stephanie Paige Roper (now Stephanie Paige Bruce) v. Wesley Garrett Roper) 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
Stephanie Paige Roper (now Stephanie Paige Bruce) v. Wesley Garrett Roper, (Tenn. Ct. App. 2026).

Opinion

01/23/2026 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 4, 2024 Session

STEPHANIE PAIGE ROPER (NOW STEPHANIE PAIGE BRUCE) v. WESLEY GARRETT ROPER

Appeal from the Chancery Court for Cheatham County No. 18607, 2017-CV-368 Suzanne Lockert-Mash, Judge ___________________________________

No. M2024-00298-COA-R3-CV ___________________________________

In this post-divorce dispute, a father petitioned to modify the permanent parenting plan and child support. The mother counterpetitioned for civil contempt alleging the father had willfully violated the parenting plan. After a bench trial, the court denied the father’s petition and held him in civil contempt. Because the evidence preponderates in favor of a finding of a material change in circumstance sufficient to modify the residential parenting schedule, we vacate the denial of the father’s petition to modify the parenting plan and remand for the court to determine whether modification is in the child’s best interest. We reverse the court’s decision to hold the father in civil contempt for failure to maintain insurance coverage because the decision lacked sufficient factual support. Given our disposition of these issues, we also vacate the court’s award of attorney’s fees to the mother as the prevailing party. Otherwise, we affirm.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Vacated in Part; Reversed in Part; Affirmed in Part; and Case Remanded

W. NEAL MCBRAYER, J., delivered the opinion of the court, in which FRANK G. CLEMENT, JR., C.J., and ANDY D. BENNETT, J., joined.

Karla C. Miller, Nashville, Tennessee, for the appellant, Wesley Garrett Roper.

Gregory D. Smith, Clarksville, Tennessee, for the appellee, Stephanie Paige Roper.

OPINION

I. A.

Wesley Garrett Roper (“Father”) and Stephanie Paige Roper (“Mother”) divorced in 2018. As part of the divorce decree, the trial court adopted and incorporated an agreed permanent parenting plan for their two-year-old child. The parenting plan named Mother the primary residential parent and gave her sole decision-making authority. It limited Father to 29 residential parenting days and specified that any additional parenting time was at Mother’s discretion. It also required Father to pay $1,200.00 per month in child support, an agreed downward deviation.

The parties agreed to this unusual parenting arrangement to alleviate Mother’s concerns about Father’s home environment. Mother objected to the child spending time with Father’s girlfriend because she had a criminal record. And she believed Father’s residence, a rustic cabin, was unsafe for a toddler.

Four years later, Father petitioned to modify the parenting plan and child support. He alleged several material changes had occurred since the divorce warranting modification of the residential parenting schedule. Among other things, Father had remarried, obtained a better home, and changed jobs. With Mother’s permission, he consistently exercised substantially more than his allotted parenting time. He also asserted that changes to the parents’ incomes created a significant variance sufficient to modify child support.

Mother opposed Father’s modification requests. She sought to hold him in civil contempt for violating the parenting plan. Mother alleged that Father “failed and refused” to pay his share of the child’s uninsured medical expenses and to obtain required life insurance coverage.

B.

The court held a two-day trial on the petitions. Only Father and Mother testified. Much of the proof was undisputed.

Six years after entry of the agreed plan, the parties’ circumstances had changed remarkably. Father had married his girlfriend (“Stepmother”), who assumed an active role in the child’s life. Father lived in a safe and suitable home with Stepmother and her two children. Mother acknowledged that she no longer had any concerns about Stepmother’s character. Mother and Stepmother worked well together and communicated frequently about the child. So Mother routinely allowed Father a significant amount of additional parenting time. The child spent every other weekend with Father plus a week in the summer. Mother and Father usually split time with the child on major holidays. The child, now eight years old, enjoyed spending time with Father and his family. He got along well with Stepmother and his stepsiblings. 2 Father sought a reduction in child support based on alleged changes to the parties’ respective incomes. It was undisputed that Mother’s gross income had increased to $67,000 since the divorce. But the proof of Father’s gross income was contradictory and confusing.

After his remarriage, Father voluntarily quit his job as a service technician at Piedmont Natural Gas and took a lower paying position at his wife’s trucking company. Father had only a rudimentary knowledge of his finances. He “guestimate[d]” from his paychecks that his current gross income was “roughly about $52,000” a year, or $4,333 a month. But his 2022 federal income tax return and his discovery responses cast doubt on his testimony. The additional tax forms Father produced only added to the confusion. When pressed about these discrepancies, he claimed he was “not familiar with all the tax stuff and paperwork.”

Mother maintained that Father failed to pay his share of the child’s medical expenses as required in the agreed plan. She claimed that she had paid all the child’s out-of-pocket medical expenses since the divorce. Although she notified Father when she received medical bills, he never paid anything. Typically, she would give him copies of the bills, either by email or in person. Eventually, she stopped providing any documentation, believing it was useless.

For his part, Father conceded that Mother sent him information about the child’s medical expenses. But he complained that she never sent him “any actual bills.” If she had, he insisted that he would have paid. Confronted with a copy of an email from Mother requesting $670 for his share of the child’s dental expenses, Father verified that the email address was correct. But he could not recall whether he ever received her message or the attached dental bill.

According to Mother, the plan also required Father to obtain life insurance coverage. She never received any proof of coverage. So she was “not sure” whether Father had the required policy. Apparently, no one thought to ask Father.

After hearing the proof, the court denied Father’s petition. It found no basis to modify the parenting schedule or child support. On the other hand, Mother’s contempt petition was “well taken.” According to the court, Father “willfully and intentionally failed and refused to pay his portion of any of the minor child’s uncovered medical expenses.” Despite having the ability to pay, he “made the unilateral choice to leave the financial burden solely on the Mother.” He also willfully violated the life insurance requirement, in the court’s view, because he “offered no proof as to the required life insurance coverage that [he]was ordered to maintain.” The court ordered Father to comply with the plan and pay Mother the attorney’s fees “incurred in defending and bring this matter before the Court.” Father appealed the court’s ruling.

3 II.

We review the trial court’s factual findings de novo on the record, with a presumption of correctness, unless the evidence preponderates otherwise. TENN. R. APP. P. 13(d); see, e.g., Armbrister v. Armbrister, 414 S.W.3d 685, 692 (Tenn. 2013). Evidence preponderates against a finding of fact when it “support[s] another finding of fact with greater convincing effect.” Watson v. Watson,

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Bluebook (online)
Stephanie Paige Roper (now Stephanie Paige Bruce) v. Wesley Garrett Roper, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephanie-paige-roper-now-stephanie-paige-bruce-v-wesley-garrett-roper-tennctapp-2026.