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Posted by: Chandra Williams on Dec 16, 2015

Head Comment: Correction: Please note that an opinion filed by the Court of Appeals was mistakenly listed as a Court of Criminal Appeals case in the 12-15-15 TBA Today.

Court: TN Court of Appeals

Attorneys 1:

George T. Underwood, Jr., Knoxville, Tennessee, for the appellant, Jason Richard Yocum.

Attorneys 2: Benita Renee Yocum, Chillicothe, Ohio, Pro Se.

Judge(s): FRIERSON

This is a divorce action involving a five-year marriage between a husband who was employed overseas at the time of the parties’ separation and a wife who had worked primarily during the marriage as a homemaker and caretaker of the parties’ three minor children, including a child with special medical needs. Following a hearing in December 2012, during which the husband testified telephonically, the trial court ordered the husband to pay $3,500.00 per month in temporary support. Following subsequent hearings in April and May 2014, during which the husband also testified telephonically, the court, inter alia, granted the parties a divorce on stipulated grounds, delineated a residential co-parenting schedule, entered a judgment against Husband for support arrearage, and set the husband’s child support obligation in the amount of $1,842.00 monthly and spousal support obligation in the amount of $1,000.00 monthly. The court reserved remaining issues for a bench trial, which it set for September 23, 2014, with notice that it would not allow the husband to testify telephonically unless the wife waived any objection to such testimony. At the beginning of trial, the court denied the husband’s counsel’s motion to allow the husband to testify telephonically upon the wife’s objection. Also at the beginning of trial, the court ordered that the $1,000.00 previously ordered be continued as an award to the wife of alimony in futuro. The court also directed that its previous orders as to co-parenting time and child support be incorporated as a permanent parenting plan order. At the close of proof, the trial court distributed the marital estate and awarded to Wife $10,500.00 toward her attorney’s fees. The husband appeals. Having determined that no income shares worksheet for child support purposes was attached to the final judgment, we vacate the amount of child support awarded and remand for the limited purpose of child support calculation according to the Child Support Guidelines based upon the trial court’s previous findings concerning the parties’ respective incomes and co-parenting time. We affirm the trial court’s judgment in all other respects.