Tennessee alimony divorce case abstract after 7 years married.

Ashley Joell Lindsley v. Philip J. Lindsley

The husband and spouse on this Williamson County, Tennessee, case have been married in 2012 and had three minor youngsters, the oldest of whom was three years outdated on the time of their marriage.  The mom initially lived in Mississippi the place she had household.  On the time of the wedding, the husband was a retailer supervisor, however later labored in a enterprise owned by his household doing car customization.  The spouse labored as a dental hygienist.  In 2017, the spouse found that the husband had fathered a baby outdoors of the wedding.  Later that yr, he left the marital residence.  The divorce trial befell in 2019 earlier than Choose Joseph A. Woodruff.

The spouse was granted the divorce and divided the marital property.  The spouse’s proposed parenting plan was adopted, and he or she was allowed to relocate to Mississippi.  She was additionally awarded over $216,000 in alimony in solido, in addition to transitional alimony of $2,500 monthly for 60 months.  A big portion of the solido award was supposed to function an equalizing distribution of the marital property.  The husband than appealed varied points, together with the alimony, to the Tennessee Court docket of Appeals.

After addressing the parenting points and division of the marital property, the appeals courtroom, in an opinion authored by Choose Arnold B. Goldin, turned to the problem of alimony.  On this challenge, the husband first argued that the quantity of transitional alimony needs to be modified.  The appeals courtroom regarded on the statutory components and agreed with the husband that these components had not been utilized accurately.  The appeals courtroom agreed with the decrease courtroom that transitional alimony was referred to as for, however had issues with the time period over which the alimony could be paid and the quantity.  Specifically, the appeals courtroom discovered that the decrease courtroom had not correctly outlined the spouse’s want for alimony.  Specifically, it did not correctly account for the award of kid assist.  The appeals courtroom subsequently remanded the case for a recalculation of the correct quantity.

The spouse requested for legal professional charges on enchantment.  Regardless that the husband received a partial victory on the alimony challenge, the appeals courtroom held that a lot of his arguments on different points lacked any foundation.  Subsequently, the courtroom awarded these charges, and requested the decrease courtroom to calculate the correct quantity.

For these causes, the Court docket of Appeals affirmed partially, vacated partially, and remanded the case.

No. M2019-00767-COA-R3-CV (Tenn. Ct. App. Nov. 30,  2020).

See authentic opinion for actual language.  Authorized citations omitted.

To study extra, see Alimony Law in Tennessee.

LEAVE A REPLY

Please enter your comment!
Please enter your name here