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Posted by: Tanja Trezise on Aug 29, 2013

Head Comment: With Concurring and Dissenting Opinion

Court: TN Court of Appeals

Attorneys 1:

S. Jason Whatley, Columbia, Tennessee, for the Appellant, Amanda Marie Sykes.

Attorneys 2:

J. Russell Parkes and Wesley Mack Bryant, Columbia, Tennessee, for the Appellee, Joshua Neal Sykes.

Judge(s): DINKINS

In this divorce proceeding, Mother and Father entered into a Marital Dissolution Agreement and Permanent Parenting Plan, which were incorporated into the final decree of divorce; the parties shared equal parenting time with their two children and neither party was obligated to pay child support. Mother subsequently filed a petition to set support, as well as a motion for relief from the final decree, both of which sought to have the court set support in accordance with the child support guidelines. The court denied the petition and the motion on the grounds that the parties had agreed in the parenting plan that child support would not be paid and that a significant variance did not exist. Finding that relief to Mother is appropriate under the circumstances, we reverse the judgment and remand the case for further proceedings.