JEREMY KHRISTIAN ABNEY v. KAITLYNNE NICHOLE PACE Appeal from the Chancery Court for Rutherford County

Jul 07, 2021

OUTCOME: Based on the foregoing, we affirm the Trial Court’s judgment in all respects in favor of Appellee.

Amanda L. Conklin, Murfreesboro, Tennessee, for the appellee, Jeremy Khristian Abney. Under these circumstances and our standard of review, we hold that the Trial Court did not abuse its discretion wh ... en determining that the expense of Mother’s additional health insurance premium was not a reasonable cost because Father provided health insurance for the Child as ordered. We, therefore, affirm the Trial Court’s decision not to credit Mother with the cost of the insurance premium for her additional health insurance policy as being unnecessary and not a reasonable cost. Having already determined that the Trial Court did not abuse its discretion by declining to give Mother credit for the health insurance she purchased,we hold that the Trial Court correctly provided Father with credit for overpayments of child support made during the pendency of the action due to the retroactive modification of child support to the date the petition was filed. In this case, Father’s overpayments of child support throughout the proceedings essentially had purged his contempt, which is allowed in civil contempt proceedings. As such, we affirm the Trial Court’s decision concerning Mother’s petition requesting Father be held in contempt of court due to his nonpayment of child support. https://www.tncourts.gov/sites/default/files/abney.jeremy.opn_.pdf