Megan Elizabeth West Brewster v. Brandon Paul Brewster

In this post-divorce action, the father filed a petition seeking to modify the parties’ agreed permanent parenting plan based on alleged mental and emotional instability of the mother. During trial, the father sought to remove the guardian ad litem for purportedly violating her duties pursuant to Tennessee Supreme Court Rule 40A; however, the trial court denied the father’s motion. The father also sought to introduce statements by the minor children indicating that the mother had told them private information regarding the parties’ divorce. Upon objection by the mother and the guardian ad litem, the trial court determined such statements to be inadmissible hearsay. The trial court ultimately entered an order on August 4, 2023, determining that modification of the parties’ permanent parenting plan was neither necessary nor in the best interest of the parties’ children despite certain changes in the parties’ circumstances. The trial court also denied the father’s motion for a restraining order against the mother, although the court found that the mother’s actions had been inappropriate. The trial court further ordered that each party would pay his or her own attorney’s fees. The father timely appealed. Upon our thorough review, we vacate the trial court’s determination concerning child support and its finding regarding the mother’s gross income. We remand for further hearing as needed and a determination of the mother’s gross income with instructions to the trial court to consider whether gifts or payment of living expenses by her family should have been included. The trial court shall then be required to recalculate child support utilizing the proper gross income amount for the mother. The trial court’s judgment is affirmed in all other respects. We deny the father’s request for an award of attorney’s fees incurred on appeal.