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Posted by: Landry Butler on Jun 26, 2017

Court: TN Court of Appeals

Attorneys 1:

Kimberly K. Carr, Goodlettsville, Tennessee, for the appellant, Pro Se.

Attorneys 2:

Margaret A. Brooke, Hendersonville, Tennessee, for the appellee, Floyd Ken Sutton.

Judge(s): DINKINS

The State of Tennessee filed a petition in 2013 on behalf of the mother of a child who was born in 1996 to legitimate the child and to require the father to provide health insurance for the child; the requested relief was granted. In 2014, the mother filed a petition to set child support and, following a hearing before a juvenile court magistrate, the father was ordered to pay child support; the magistrate determined that child support should not be made retroactive to the birth of the child but, rather, to the date that the petition to have the child legitimated was filed. Mother appealed the decision to the juvenile judge; after a de novo hearing, the juvenile judge adopted the findings of the magistrate and ordered Father to pay support of $549.00 per month from the date the petition to legitimate was filed. Mother appeals the ruling, contending that the obligation to pay support should be retroactive to the date of the child’s birth. Concluding that the trial court did not abuse its discretion, we affirm the judgment.