59 Yr Old TN Father Appeals Willful Underemployed + Private School Tuition

Tennessee child support modification law in Tennessee family law from the Tennessee Court of Appeals.

Kaplan v. Bugalla – Modify Tennessee Child Support + Private School Tuition

The parties in this case are Brendi Kaplan (“Mother”) and John A. Bugalla (“Father”). The parties were married for over 10 years and have 2 children.  At the time of divorce, Mother was an attorney making $87,000 per year and Father was an executive at Aon making between $279,000 and $350,000 per year. Father’s initial child support payment was set at $4,000 per month in May 2002. This payment did not include private school tuition as Mother planned on moving with children and enrolling them in public school. Mother’s plans to move did not work out and Mother sought an increase in child support to pay for the children’s private school education in September 2002.  In 2003, the trial court denied Mother’s request for private school tuition. Mother appealed the decision and was again denied the private school tuition. In 2005, Mother sought a grant of certiorari. The Supreme Court heard this case on October 5, 2005.  The Supreme Court reversed the decision of the trial court, denying Mother’s request for private school tuition, and remanded it back to the trial court. Continue reading

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