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Posted by: Tanja Trezise on Aug 31, 2015

Court: TN Court of Appeals

Attorneys 1:

Craig L. Garrett, Maryville, Tennessee, for the appellant, Travis G. McCosh.

Attorneys 2:

Donald (Trey) Winder, III, Athens, Tennessee, for the appellee, Jennifer Burns McCosh.

Judge(s): SUSANO

This is a post-divorce case. Travis G. McCosh (Father) appeals the trial court’s judgment increasing his child support payment retroactively to the date that Jennifer Burns McCosh (Mother) filed a counterclaim seeking (1) to modify the parties’ permanent parenting plan and (2) the recalculation of child support pursuant to the Child Support Guidelines. Father also appeals the trial court’s award of $500 in attorney’s fees to Mother. We hold that the proof establishes a significant variance between the amount of the current support order and the amount of the presumptive support based upon the relevant facts before the trial court. The significant variance is due primarily to the fact that Father’s income has increased significantly between the time of the last child support order and the filing of Mother’s petition. We affirm the judgment of the trial court.