State of Tennessee Ex Rel., Wendy Harrison v. Danny Scott

This appeal arises from a post-divorce petition to modify the father’s child support obligation as set in 2000 under a previous version of the child support guidelines. The dispositive issue is whether there is a “Significant Variance” in the father’s income as required by Department of Human Services Rule 1240-2-4-.05(2)(b)(1) to allow a modification. The trial court found no significant variance in the father’s income; nevertheless, it modified his child support obligation, setting it at the presumptive amount as calculated under the current child support guidelines and using the parties’ current income. We have determined the trial court’s finding of no significant variance was based upon a mathematical error, and we find there is a significant variance entitling the father to a modification of his child support obligation. Accordingly, we affirm the modification of the father’s support but on different grounds than those relied upon by the trial court.