Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Howe v. Howe

Court of Appeals of Tennessee, Knoxville

April 10, 2017

ALANNA CHRISTINE HOWE
v.
JOHN ASHLEY HOWE

          Session: December 14, 2016

         Appeal from the Chancery Court for Hamilton County No. 070768 Pamela A. Fleenor, Chancellor.

         This post-divorce appeal concerns the requested modification of a parenting plan designating the father as the primary residential parent and awarding the mother reasonable visitation. The mother filed a petition to modify, alleging that a material change in circumstances necessitated her designation as the primary residential parent. The father objected and filed a motion for contempt for failure to pay child support. Following a hearing, the court held the mother in contempt for failure to pay and denied her request for designation as the primary residential parent. However, the court awarded her additional co-parenting time, finding that a modification of the residential schedule was warranted. The mother appeals. We affirm the decision of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed; Case Remanded

          Paul W. Ambrosius, Nashville, Tennessee, for the appellant, Alanna Christine Howe.

          John P. Konvalinka, Cleveland, Tennessee, for the appellee, John Ashley Howe.

          John W. McClarty, J., delivered the opinion of the Court, in which Charles D. Susano, Jr., and Thomas R. Frierson, II, JJ., joined.

          OPINION

          JOHN W. McCLARTY, JUDGE.

         I. BACKGROUND

         Alanna Christine Howe ("Mother") and John Ashley Howe ("Father") were married on December 19, 1992. One child ("the Child") was born of the marriage in September 2005. Mother filed a complaint for divorce on August 30, 2007.

         Mother and Father (collectively "the Parties") were divorced by order of the court on September 8, 2008. The divorce decree incorporated a parenting plan in which Father was designated as the primary residential parent, while Mother was granted 65 days of co-parenting time. Mother was also tasked with remitting child support at a rate of $498 per month for an initial six-month period and $758 per month thereafter pursuant to an imputed income "unless she produced documentation to [Father] which would substantiate an income for child support purposes." Thereafter, Mother moved to Florida. The residential schedule became unworkable given her move; however, Father offered alternative visitation in keeping with the parameters of the parenting plan.

         On August 27, 2014, Mother filed a petition to modify the parenting plan to reflect her designation as the primary residential parent. In support of her petition, she alleged the following material change in circumstances:

a. [Father's] verbal and physical abuse of [the Child], including fits of anger directed at [the Child;]
b. [Father's] cohabitating or staying overnight with romantic acquaintances, while in the presence of [the Child];
c. [Father's] travel out-of-town for extended periods, with the minor child being kept by [Father's] romantic acquaintances;
d. [Father's] failure to comply with his designated parenting times with [the Child];
e. [Father's] failure to provide for appropriate medical and dental care for [the Child]; and
f. [Father's] failure to notify [Mother] of events and activities regarding [the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.