STATE OF TENNESSEE EX REL. HEATHER JUNGHANEL v. ANDRES HERNANDEZ - Articles

All Content


Posted by: Tanja Trezise on Sep 26, 2012

Court: TN Court of Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; and Warren Jasper, Senior Counsel, for the appellant, State of Tennessee ex rel. Heather Junghanel.

Attorneys 2:

Philip M. Jacobs, Cleveland, Tennessee, for the appellee, Andres Hernandez.

Judge(s): SWINEY

Andres Hernandez (“Father”) filed a petition seeking to terminate his child support obligation. The Trial Court held a hearing and entered an order on March 17, 2011 awarding a judgment against Father of $5,726.47 in child support arrearages but also providing for further hearing for a full review and calculation of arrearages. The case subsequently was heard before a Special Master who found that Heather Junghanel (“Mother”) was entitled to a judgment against Father of $21,976.27 in child support arrearages. Father appealed the Special Master’s report to the Trial Court. The Trial Court found that the March 17, 2011 order was a final order and awarded a judgment against Father of $5,726.47 in child support arrearages. The State of Tennessee ex rel. Mother appeals to this Court arguing that the Trial Court improperly retroactively modified Father’s child support obligation. We find and hold that the Trial Court erred in holding that the March 17, 2011 order was a final order. We vacate the Trial Court’s September 20, 2011 order and remand this case to the Trial Court for a hearing on Father’s objections to the Special Master’s report.

Attachments: