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Posted by: Amelia Ferrell Knisely on May 25, 2016

Court: TN Court of Appeals

Attorneys 1:

Grace E. Daniell, Chattanooga, Tennessee, for appellant, Gretchen Michele Benedict.

Attorneys 2:

Phillip C. Lawrence, Chattanooga, Tennessee, for appellee, Donald Lester Benedict, Jr.

Judge(s): SUSANO

This is the second time this matter has been before us on appeal. The issue is again the correct amount of Donald Lester Benedict, Jr.’s (Father) income upon which child support is to be based. Gretchen Michele Benedict (Mother) argues that the trial court erred when it set Father’s child support based upon an incorrect income figure. We have determined that the trial court misinterpreted our previous opinion in Benedict v. Benedict, No. E2013-00978-COA-R3-CV, 2014 WL 2187779 (Tenn. Ct. App., filed May 27, 2014) (Benedict I). The trial court incorrectly held that Father’s income was $75,000 per year for the purpose of setting child support for the period February 2007 to May 2014. The trial court used the $75,000 annual figure even though the evidence showed that Father’s actual income during the period of 2010-2014 ranged from a low of $60,444 to a high of $199,530. We vacate the trial court’s judgment and remand for a recalculation of the amount of child support.