Jeremy N. Miller v. Casi A. Miller

A divorced father retired from the military.  Afterward, he received only disability pay due to service-related injuries.  The mother sought to hA divorced father retired from the military.  Afterward, he received only disability pay due to service-related injuries.  The mother sought to hold him in contempt, claiming she was denied a percentage of his military retirement benefits.  The father denied her allegations and petitioned to modify child support.  He argued that his disability pay could not be counted as income for child support purposes because federal law preempted the provision of the Tennessee Child Support Guidelines governing military disability benefits.  The trial court concluded that the father’s disability pay counted as income for child support.  On appeal, the father reiterates his preemption argument.  Because he failed to provide timely notice of his constitutional challenge to the Tennessee Attorney General and Reporter, we consider the preemption issue waived.   old him in contempt, claiming she was denied a percentage of his military retirement benefits.  The father denied her allegations and petitioned to modify child support.  He argued that his disability pay could not be counted as income for child support purposes because federal law preempted the provision of the Tennessee Child Support Guidelines governing military disability benefits.  The trial court concluded that the father’s disability pay counted as income for child support.  On appeal, the father reiterates his preemption argument.  Because he failed to provide timely notice of his constitutional challenge to the Tennessee Attorney General and Reporter, we consider the preemption issue waived.