![]() The Court of Appeals rejects party-prepared findings, conclusions, and orders when the record fails to provide insight into the trial court’s reasoning to support its decision or the record raises a question as to whether the findings, conclusions, and orders are the trial court’s own independent judgment. Second, the record must not create doubt that the decision represents the trial court’s own deliberation and decision. First, they must accurately reflect the decision of the trial court. In Tennessee, party-prepared findings of fact, conclusions of law, or orders are acceptable if two conditions are satisfied. Trial courts speak through their written orders, and the judgment entered by the trial court must be the independent judgment of the trial court. The exceptions to this rule involve child support and alimony, both of which remain modifiable by the court. Marital dissolution agreements are contractual and, once approved by the trial court, become legally binding obligations on the parties. ![]() On Appeal: The Court of Appeals vacated the trial court’s judgment. Wife was awarded a judgment of over $82,000 plus over $14,000 for attorney’s fees. Then the trial court adopted verbatim Wife’s proposed findings of fact and conclusions of law in their entirety with no modification. When the trial ended, the trial court took the matter under advisement and directed each party to submit proposed findings of fact and conclusions of law. Wife countered with a motion for contempt because Husband unilaterally reduced his court-ordered payment by $2000 in violation of the marital dissolution agreement. Three years after they were divorced, Husband moved to modify his payment amount. Their marital dissolution agreement required Husband to make monthly lump-sum payments to Wife, a portion of which was designated as child support and the remainder as property division. Facts: Husband and Wife are the divorced parents of two children. ![]()
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