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IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE
Assigned on Briefs August 2, 2001

LORI CASTLE v. JEFFREY LEE BAKER
Appeal from the Law Court for Sullivan County
No. C2118 John S. McLellan, III, Judge
FILED SEPTEMBER 21, 2001
No. E2000-02772-COA-R3-CV

These parties were divorced in May 1992.  Custody of their daughter, Brittany, then 5 years old, was awarded to Mother pursuant to an Marital Dissolution Agreement [MDA] which obligated Father to pay $575.00 monthly support.  About three months after the divorce was granted, the custodial care of Brittany was transferred to Father, by agreement of the parties and without recourse to the Court.  In June 1998, Mother sought contempt liability against Father alleging that he was in arrears with his child support obligation in the amount of $40,800.00: at trial, the amount was stipulated to be $36,800.00.  Father responded by filing a petition for change of custody, alleging that Brittany had resided with him for several years, a material change in circumstances.  He also sought forgiveness of the arrearage.  The Trial C ourt found a change in circumstances and awarded custody of Brittany to her father who was also credited with the monetary value of the necessities he furnished Brittany from August 1992 through February 1997.  Mother appeals.  We affirm.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Law Court Affirmed;
Cause Remanded

HOUSTON M. GODDARD, P.J., delivered the opinion of the court, in which HERSCHEL P. FRANKS and Charles D. SUSANO, JR., JJ., joined.
Mark H. Toohey and Thomas R. Bandy, III, Kingsport, Tennessee, for the Appellant, Lori Castle.
John P. Chiles, Kingsport, Tennessee, and Thomas F. Bloom, Nashville, Tennessee, for the Appellee, Jeffrey Lee Baker.
OPINION

Background
The parties to this suit were divorced in May 1992.  A MDA was incorporated in the judgment, which awarded the custody of Brittany, age 5, to her mother, with monthly support of $575.00.  In August, 1992, by agreement of the parties, Brittany

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