Appeal from Blount Circuit Court. (DR-79-149.03). Robert Austin, Trial Judge.
Released for Publication May 24, 1995.
Richard L. Holmes, Retired Appellate Judge. All Judges concur.
The opinion of the court was delivered by: Holmes
HOLMES, Retired Appellate Judge
This is a child support case.
Donnie Wilson (father) and Jane Wilson Hermanson (mother) were divorced in October 1979. In June 1992 the divorce decree was amended to award joint custody of their minor son to the parties. The modified decree also provided that as long as the parties' minor son resided with the father, the father would not be required to pay child support for the minor son.
In April 1994 the mother filed a petition for modification, wherein she stated that the parties' minor son had been residing with her since January 1994. The mother requested that the trial court award child support for the minor son, according to the child support guidelines. The mother further requested that the trial court extend the support until such time as the minor child completes his high school education.
The parties and their attorneys appeared before the trial court on July 22, 1994. No oral testimony was presented to the court. The parties and their attorneys filed a stipulation of facts, which is as follows:
"Parties divorce by decree.
"Minor child is 18 years of age. Minor child will be 19 on August 23, 1994. Minor child, as of this date, has not successfully completed tenth grade. Presently going to summer school. Anticipate by end of summer he will have completed tenth grade; making two more years to finish the 11th and 12th grades necessary. He has failed 1st, 4th, and 7th grades; not suffering from mental or physical disabilities. Presently has part-time job.
"Monthly salary of mother: $508.00
"Monthly salary of father: $3,083.00
"Under guidelines child support to be ...