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Laws-info.com » Cases » Tennessee » Court of Appeals » 1995 » Susan (Rier) Metrolis, v. Timothy William Rier
Susan (Rier) Metrolis, v. Timothy William Rier
State: Tennessee
Court: Court of Appeals
Docket No: 02A01-9409-JV-00205
Case Date: 12/05/1995
Plaintiff: Susan (Rier) Metrolis,
Defendant: Timothy William Rier
Preview:IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT JACKSON _______________________________________________
SUSAN (RIER) METROLIS,
Plaintiff-Appell ant, Shelby Juvenile No. 51977 Vs. C.A. No. 02A01-9409-JV-00205

TIMOTHY WILLIAM RIER,
Defendant-Appellee.
FROM THE JUVENILE COURT OF SHELBY COUNTY
THE HONORABLE KENNETH TURNER, JUDGE


FILED
December 5, 1995 Cecil Crowson, Jr.
Steven G. Roberts of Memphis
App ellate C ou rt Clerk
For Appellant
Herschel L. Rosenberg
Van Eaton & Rosenberg of Memphis
For Appellee



VACATED IN PART, AFFIRMED IN PART AND REMANDED
Opinion filed:

W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.
CONCUR:
ALAN E. HIGHERS, JUDGE

DAVID R. FARMER, JUDGE
This appeal invol ves a juvenile court proceeding for child support. Petitioner, Susan Rier Metrolis (Mother), filed a petition against Timothy William Rier (Father) on October 28, 1993, seeking past, present, and future support for their two minor children, Crystal and Lisa.  The petition requests that "the respondent should be ordered to contribute toward the support of said children according to the respondent's means and the needs of said children and reimburse the petitioner for the expenses of rearing the children with the respondent's assistance."  
After an evidentiary hearing, the juvenile court referee filed findings and recommendations on June 29, 1994, and these findings and recommendations were subsequently confirmed as the decree of the court. The decree ordered Father to pay medical insurance and $493.50 per month for child support. The decree also awarded Mother a judgment of $2,758.10 for child support arrearages for the period beginning October 28, 1993, to the date of judgment. Mother's request for support prior to October 28, 1993, was denied.  Mother has appealed, and the only issue for review is whether the juvenile court erred in failing to award Mother a judgment for child support from January, 1983, to October, 1993, based upon the child support guidel ines.
This case first came under the jurisdiction of the Juvenile Court of Memphis and Shelby County when Mother filed an Affidavit of Nonsupport in June, 1980. Shortly thereafter, a warrant was issued for Father.  Based upon the affidavit and the finding of the court, Father was ordered to pay $35.00 per week for the support of his minor child.  In June, 1982, after their second child was born, the order of support was increased to $250.00 per month.  On November 3, 1982, the parties were divorced by decree of the Circuit Court of Shelby County, and the final decree stated that jurisdiction of custody and support would remain in the juvenile court.  
In February, 1983, Father filed a petition in the juvenile court to decrease child support payments.  When Father attempted to serve Mother with process, the summons was returned unserved with the notation, "Left notice, she says Mrs. Rier is out of town."  A second summons was issued and sent by certified mail to Mother, but it is unclear whether Mother ever received this summons.  By order entered September 1, 1983, the juvenile court suspended Father's obligation to pay child support under the order of June 15, 1982.  In October, 1983, Father filed a petition for the return of child support payments previously paid which were being held by the clerk of the court.  In November, 1983, an order was entered directing that Father be repaid those sums.  
On January 29, 1993, Mother filed a petition seeking to hold Father in contempt of court based upon his failure to pay the child support ordered by the juvenile court order of June 15, 1982.  By order entered July 21, 1993, the juvenile court found that the original juvenile court order of June 23, 1980, and all subsequent orders were void, and the court dismissed Mother's petition for lack of jurisdiction.  No appeal was taken from this decision.  
The petition in the instant case was filed October 28, 1993, and as previously noted, seeks, among other things, reimbursement for child rearing expenses incurred by Mother from January, 1983, to the present.  Mother asserts that the child support guidel ines (guidel ines) that were adopted by our Supreme Court pursuant to Title IV-D of the Social Security Act, 42 U.S.C.
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