Dee Ann Gallaher v. Curtis J. Elam

In this appeal, the appellant challenges the constitutionality of the Tennessee Department of Human Services Child Support Guidelines ("the Guidelines"). The Court of Appeals upheld the trial court's determination that chapter 1240-2-4-.03(4) of the Guidelines violates the equal protection provisions of the federal and state constitutions. We granted permission to appeal. After careful consideration, we conclude that: (1) chapter 1240-2-4-.03(4) of the Guidelines, which prohibits consideration of non-court-ordered child support in calculating child support, and chapter 1240-2-4-.03(2) of the Guidelines, which requires consideration only of the obligor's income in calculating child support, do not violate the equal protection and due process provisions of either the United States or Tennessee Constitutions; and (2) the promulgation of the Guidelines does not constitute an impermissible delegation of rulemaking authority by the General Assembly to the Department of Human Services. We reverse the judgment of the Court of Appeals and remand the cause for proceedings consistent with this opinion.