Mickey Joe Hall vs. Kimberlie Kae Davenport Hall

Case Number
E2009-01889-COA-R3-CV
This is a post-divorce child support modification case. Kimberlie Kae Davenport Hall ("Wife") filed a petition against her former husband, Mickey Joe Hall ("Husband"), seeking an increase in child support. Wife's petition, filed October 23, 2001, was followed by numerous hearings before special masters over the course of several years. The masters filed reports from each of the hearings, all of which were objected to by one or both of the parties. Interspersed among the masters' hearings, the trial court addressed various matters including the issue of child support. On January 23, 2009, the trial court held a hearing at which it ruled that the Income Shares formula for calculating child support under the Child Support Guidelines ("the Guidelines") as they existed at the time of the hearing, i.e., on January 23, 2009, was applicable to the calculation of support for the period from November 1, 2001, forward. The final order being appealed by Wife applied the formula and determined that Husband had overpaid his child support by $27,377.25. The court allowed Wife certain offsets which reduced the final judgment against Wife to $24,810.65. We affirm in part and vacate in part and remand for an upward modification of Husband's support due to a "hardship" imposed on Wife by the rigid application of the Income Shares formula.
Authoring Judge
Charles D. Susano, Jr., J.
Originating Judge
Michael W. Moyers, Chancellor
Case Name
Mickey Joe Hall vs. Kimberlie Kae Davenport Hall
Date Filed
Dissent or Concur
No