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← 490 SW2D 159 - Whitt v. Whitt

Whitt v. Whitt’s Empirical Analysis

1973

Citation profile

15
cited by 15 later decisions
1
cited 1 times by the Supreme Court
8
states following
August 2016
most recently cited

14 state decisions

How this case has been cited

Cited by 15 later decisions (1 by the Supreme Court) — most recently August 2016

14 state decisions

10019731980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on 29 Tenn. App. 463 - Osborne v. Osborne · 37 Tenn. App. 120 - Doty v. Doty · 46 Tenn. App. 572 - Thomas v. Thomas · Morrissey v. Morrissey · Weinstein v. Heimberg

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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““This property settlement agreement, as a matter of public policy, was treated by the court as evidence to which it could look in fixing any property settlement, including the amount to be paid as child support. When the trial judge accepted this agreement of the parties as to the proper amount of support for the children and incorporated it in the decree, the agreement became merged into the decree and lost its contractual nature. Osborne v. Osborne, 29 Tenn.App. 463 , 197 S.W.2d 234 (1946); Doty v. Doty, 37 Tenn.App. 120 , 260 S.W.2d 411 (1952); Thomas v. Thomas, 46 Tenn.App. 572 , 330 S.W.2d 583 (1959); Morrissey v. Morrissey, 214 Tenn. 112 , 377 S.W.2d 944 (1964). The authority of the court to order ap-pellee to make payments in support of his children was by virtue of statutes, to-wit: T.C.A. § 36-820 and § 36-828. These statutes retain the matter within the jurisdiction of the court for any future changes as to child support and the rights of both appellant and appellee as governed by these statutes. Under these statutes the authority of the court to order appellee to make payments for support of his children (it not being alleged either child was mentally or physically incapacitated) was for that period when appellee was required by law to support his children, which is during their minority. By virtue of Chapter 162, Public Acts of 1971, for better or worse, a child is no longer a minor when he reaches the age of eighteen.” (Supra, 490 S.W.2d p. 160)”
    1 later decision quote this exact passage
  2. “I recognize that the opinion prepared for the Court by the Chief Justice is based upon acceptable principles of law, but I am obliged to dissent. I dissent, because, in my opinion, the result of the application of these otherwise acceptable principles is the unjust unsettling of family separation and divorce property arrangements arrived at in possible or probable contemplation of the father's obligation to continue the support of his children at least through some of their college years. And that the opinion will relieve the father of this obligation by retroactive application of the eighteen-year old statute, which is wrong. 490 S.W.2d at 161.”
    1 later decision quote this exact passage · from the majority
  3. ““As child support, the husband shall pay the monthly sum of $750.00 per month and upon the marriage or majority of one child, the payment will be reduced by fifty per cent and continue at the rate until the marrige or majority of the second child, at which time the child support payments shall cease.” (emphasis supplied) (Supra, 490 S.W.2d p. 159)”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.