Byrd v. Byrd’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Modifications of alimony may be granted only upon a showing of substantial and material change in circumstances since entry of the original support order. Tenn.Code Ann. § 36-5-101(a)(l). A change is considered substantial when it significantly affects either the obligor’s ability to pay or obligee’s need for support. Bogan v. Bogan, 60 S.W.3d 721, 728 (Tenn.2001); Watters v. Watters, 22 S.W.3d 817, 821 (Tenn.Ct.App.1999). A change is considered material if the change occurred since the original support decree’s entry. Even a substantial and material change of circumstances does not automatically result in a modification. Bogan, 60 S.W.3d at 730 . Modification must also be justified under the factors relevant to an initial award of alimony, particularly the receiving spouse’s need and the paying spouse’s ability to pay. Id. Where there has been such a change in circumstances, the ability of the obligor spouse to provide support must be given equal consideration to the obligee spouse’s need. Id. Generally, the party seeking the modification bears the burden of proving the modification is warranted. Freeman v. Freeman, 147 S.W.3d 234, 239 (Tenn.Ct.App.2003).”

   1 later decision quote this exact passage
   e.g. Jekot v. Jekot