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Posted by: Landry Butler on Aug 5, 2016

Court: TN Court of Appeals

Attorneys 1:

Sarah Richter Perky, Nashville, Tennessee, for the appellant, Lee Stack, III.

Attorneys 2:

Demeka Kay Church, Franklin, Tennessee, for the appellee, Joann Valerie Stack.

Judge(s): MCBRAYER

This appeal arises from post-divorce efforts to modify custody and child support established in a Montana divorce. After the divorce, the mother and the child moved to Tennessee. Although the father was living in Montana, he filed a petition to modify parenting time and child support and for other relief in Tennessee. The trial court found a material change in circumstance sufficient to modify the residential parenting schedule and that modification would be in the child?s best interest. The trial court also found a significant variance between the Montana child support amount and the amount presumed under the Tennessee Child Support Guidelines and modified the child support order. After reviewing the record, we conclude that the trial court lacked subject matter jurisdiction to modify the Montana custody determination but did have authority to enter a temporary order enforcing visitation. We also find that, although the court had jurisdiction to modify the Montana child support order, the court incorrectly calculated the mother?s gross income and failed to credit the father for his payment of the child?s health insurance premium. Therefore, we vacate and remand with instructions to dismiss the Father?s petition to the extent it seeks modification of the parenting time. To the extent Father seeks to enforce visitation with his child, we affirm the specific visitation schedule ordered by the trial court and remand for the court to set a time for expiration of the temporary visitation schedule. To the extent the petition seeks to modify child support, we vacate and remand for a calculation of child support in accordance with the Tennessee Child Support Guidelines and this opinion.