Thomas W. Gilland v. Janet Faye Gilland

The parents in this child support proceeding have three children – twins conceived during their marriage and one child conceived after their divorce. Because of pre-2003 jurisdictional restraints, proceedings to set child support were simultaneously pending in both the Circuit Court for Davidson County and the Juvenile Court for Davidson County. The juvenile court awarded the mother a $23,273.50 judgment for retroactive child support for the youngest child and based the father’s prospective child support obligation on his ability to earn $40,000 per year. The circuit court, without considering the juvenile court’s order, calculated the father’s child support for the twins based on $25,761, the imputed annual income in the Child Support Guidelines, and then increased the amount because of extraordinary medical expenses of one of the twins. The mother has appealed the circuit court’s decision to base the father’s child support for their two older children on $25,761 per year rather than on $40,000 per year. The father has appealed both judgments. He asserts that the juvenile court erred by basing his child support for the parties’ youngest child on a $40,000 annual income and by failing to grant him requested credits against his retroactive child support. He also complains that the circuit court erred by increasing his child support because of the medical expenses of one of the twins and the combined effect of the two judgments which require him to pay This is not expressly stated in the order but it is stated in the parenting plan. 1 -2- 53% of his net income in child support, rather than 41% as provided in the Child Support Guidelines. We have determined that the juvenile court’s judgment for retroactive child support should be vacated because the father is entitled to credit for his voluntary child support payments. We have also determined that the father’s child support obligation for all three children should be based on $40,000 per year and that the combined amount of child support obligation should be 41% of his net income, with an upward adjustment for the extraordinary medical expenses of one of the twins. Finally, based on the 2003 statutes affecting the jurisdiction of the juvenile and circuit courts, we have determined that the proceeding in the juvenile court should be transferred to the circuit court and that all future matters regarding these children should be adjudicated in the circuit court.