State of Tennessee Ex Rel. Inger Brown v. Larry W. Shipe, Jr.

The issue presented in this case is whether the trial court erred in its calculation of child support when it omitted from the calculation support due from Larry W. Shipe, Jr. (Father) during a period of time when he was incarcerated. We hold that the Child Support Guidelines, Tenn. Comp. R. & Regs. 1240-02-04-.04(3)(a)(2)(ii)(I) (2008), which provide that “incarceration shall not provide grounds for reduction of any child support obligation,” mandate that incarceration does not absolve an individual from his/her obligation to pay child support. Accordingly, we vacate the trial court’s judgment and remand for a recalculation of Father’s child support arrearage.