Kenneth Morgan Johnson v. Dorothy Lynn Johnson (Holt) - Concurring

Case Number
M2003-00866-COA-R3-CV

I agree completely with the majority opinion. I write separately to express my opinion that the statement in State ex rel. Vaughn v. Kaatrude, 21 S.W.3d 244 (Tenn. Ct. App. 2000) that “[s]etting child support is a discretionary matter,” id. at 248, should not be broadly read. For example, it is clear to me that a trial court has “limited discretion” to deviate from the amount of child support determined by applying the rules set forth in Tenn. Comp. R. & Regs., ch. 1240-2-4- .03. See Jones v. Jones, 930 S.W.2d 541, 544-45 (Tenn. 1996). However, I agree with the majority that the Kaatrude principle set forth above applies to the facts of this case. Finding no abuse of discretion in the trial court’s judgment, I concur.

Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Judge John W. Rollins
Case Name
Kenneth Morgan Johnson v. Dorothy Lynn Johnson (Holt) - Concurring
Date Filed
Dissent or Concur
No
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