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Husband Entitled to Recalculation of Alimony Quantity

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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 had been married in 2012 and had three minor kids, the oldest of whom was three years previous 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 automobile customization.  The spouse labored as a dental hygienist.  In 2017, the spouse found that the husband had fathered a baby exterior of the wedding.  Later that 12 months, he left the marital residence.  The divorce trial occurred in 2019 earlier than Decide 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 per 30 days for 60 months.  A big portion of the solido award was meant to function an equalizing distribution of the marital property.  The husband than appealed numerous points, together with the alimony, to the Tennessee Courtroom of Appeals.

After addressing the parenting points and division of the marital property, the appeals court docket, in an opinion authored by Decide Arnold B. Goldin, turned to the difficulty of alimony.  On this difficulty, the husband first argued that the quantity of transitional alimony ought to be modified.  The appeals court docket regarded on the statutory components and agreed with the husband that these components had not been utilized accurately.  The appeals court docket agreed with the decrease court docket that transitional alimony was known as for, however had issues with the time period over which the alimony can be paid and the quantity.  Particularly, the appeals court docket discovered that the decrease court docket had not correctly outlined the spouse’s want for alimony.  Particularly, it didn’t correctly account for the award of kid help.  The appeals court docket due to this fact remanded the case for a recalculation of the correct quantity.

The spouse requested for lawyer charges on attraction.  Though the husband gained a partial victory on the alimony difficulty, the appeals court docket held that a lot of his arguments on different points lacked any foundation.  Due to this fact, the court docket awarded these charges, and requested the decrease court docket to calculate the correct quantity.

For these causes, the Courtroom 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 be taught extra, see Alimony Law in Tennessee.

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