SONYA C. FRANKLIN SARDON
TROY EUGENE SARDON
Session Date: June 6, 2017
from the Circuit Court for Davidson County No. 06D1791
Phillip R. Robinson, Judge
proceeding wherein Mother petitioned the court for a
modification of the parenting plan and to increase
Father's child support obligation; following a hearing,
the court granted her petition. Father appeals the upward
deviation to his basic support obligation to pay a portion of
the children's extracurricular activities, the failure to
give Father credit for additional funds he paid Mother each
month, and the award of attorney's fees to Mother. Upon
consideration of the record, we discern no error and,
accordingly, affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
L. Boykin, Nashville, Tennessee, for the appellant, Troy
Chandra N. T. Flint, Nashville, Tennessee, for the appellee,
Sonya C. Franklin Sardon.
Richard H. Dinkins, J., delivered the opinion of the court,
in which Andy D. Bennett and W. Neal McBrayer, JJ., joined.
RICHARD H. DINKINS, JUDGE
Sardon ("Mother") and Troy Sardon
("Father") are parents of four children and were
divorced by final decree on August 21, 2007. The decree
incorporated the parties' Marital Dissolution Agreement
and their agreed parenting plan, which designated Mother as
primary residential parent and awarded her 245 days of
parenting time per year. Father was awarded 120 days of
parenting time, to be exercised every other weekend and each
week during a Wednesday overnight visit. The plan vested
decision-making authority for non-emergency health care and
extracurricular activities in both parties but gave Mother
sole authority to make educational and religious upbringing
decisions. Father was required to maintain health insurance
on the children and to pay $2, 324.00 per month in child
support. In June 2010, the court entered an order modifying
the parenting plan to remove the overnight portion of the
Wednesday evening visitation while school was in session, to
give Father parenting time every other weekend from 6 p.m.
Friday until Monday morning, and to reduce Father's
support obligation to $1, 632.00 per month.
March 4, 2014, Mother filed a petition to modify the
parenting plan based upon a material change in circumstances.
She alleged that her income had changed, that she had access
to health insurance for the children, and that Father had not
been providing health insurance coverage for the children
since 2010. She sought, inter alia, the following:
that her proposed parenting plan be adopted; that the court
set child support consistent with the child support
guidelines; that Father be jointly responsible for
extracurricular expenses; that Father's child support
payments be made through direct deposit; and that
Father's parenting time be modified to accommodate the
children's school schedules. After mediation was
unsuccessful, Father answered the petition. The court ordered
the parties to attend a judicial settlement conference, which
was also unsuccessful.
hearing was held on June 16 and 19, 2015, at which Mother,
Father, and Father's wife testified; the court entered an
order on July 23, 2015, modifying Father's parenting time
to accommodate the children's school schedules. The court
calculated Father's basic child support obligation to be
$1, 632.00 per month. The court applied an upward deviation
of $160.00 per month for Father's share of
extracurricular expenses, resulting in a total obligation of
$1, 792.00 per month, retroactive to the date the petition
was filed, to be paid through wage assignment. The court also
required Father to provide medical insurance and, if
available through his employer, vision, dental, and
orthodontic coverage. The court ordered Father to reimburse
Mother $4, 578.00 for amounts she paid for medical insurance
for the children from June 2013 to December 2014 and awarded
Mother $11, 500.00 for a portion of her attorney's fees.
appeals, asserting that the court erred in three respects.
Father contends that the court "misapplied" the
child support regulations by ordering an upward deviation in
his basic child support obligation to cover the costs of the
children's extracurricular activities; he argues that
these were not ongoing and that Mother incurred these
expenses without consulting him. Father also argues that the
court abused its discretion by not giving him credit for the
$76.00 extra he paid in child support each month. In
addition, Father argues that the court ordered him to pay
Mother's attorney's fees because the case did not
settle prior to trial and that this decision was
"arbitrary and unreasonable."
initial matter, we note that Father's brief fails to
comply with Rule 27(a)(7) of the Tennessee Rules of Appellate
Procedure, which requires all arguments in an appellant's
brief to contain "appropriate reference to the record
(which may be quoted verbatim) relied on." In addition,
it fails to comply with Rule 6(a)(4) of the Rules of the
Court of Appeals, which provides that the written argument
with regard to each issue presented contain "[a]
statement of each determinative fact relied upon with
citation to the Record where evidence of each such fact may
be found." Where these rules are disregarded, we are
under no obligation to search the record in order to uncover
evidence to support Father's contentions. See Long v.
Long, 957 S.W.2d 825, 828 (Tenn. Ct. App. 1997) (holding
that "where a party in its brief on appeal has advanced
certain arguments or has set forth what he or she alleged to
be facts without any citation to the record, this court is
not under a duty to minutely search the record to verify
these unsupported allegations") (citing Schoen v.
J.C. Bradford and Co., 642 S.W.2d 420, 426 (Tenn. Ct.
App.1982)). Indeed, Rule (6)(b) of the Court of Appeals Rules
(b) No complaint of or reliance upon action by the Trial
Court will be considered on Appeal unless the argument
thereon contains a specific reference to the page or pages of
the Record where such action is recorded. No assertion of
fact will be considered on Appeal unless the argument upon
such assertion contains a ...