Tennessee alimony modification case abstract.
After 22 years of marriage, the husband and spouse on this Coffee County, Tennessee, case have been divorced in 2016. In addition to the property settlement, the court docket awarded transitional alimony to final by way of 2019. At that time, the husband was to start paying alimony in futuro within the quantity of $300 per week.
In 2019, the spouse filed a petition for contempt, alleging that the husband was $700 in arrears. The husband made a petition to terminate the alimony based mostly upon a fabric change of circumstances.
After a listening to, the husband was discovered to be in arrears within the quantity of $100, and he was ordered to pay that quantity. But the trial court docket discovered that there was no change of circumstances, and declined to change. The husband then appealed to the Tennessee Court of Appeals.
The husband argued that on the time of the divorce, the spouse was affected by quite a few medical points and was unable to work. But he argued that her situation had improved, somebody was dwelling along with her who might contribute to bills, and he or she was employed and working for sufficient cash.
The spouse testified that she labored cleansing rooms in a resort, and she was paid $4.37 for every room. Because of COVID-19, her work had been lowered drastically, and he or she earned solely a little bit over $100 each two weeks. She additionally testified that probably the most she had earned was $475 when the resort was super busy.
The appeals court docket reviewed the proof and agreed with the trial court docket that the husband had not proven a fabric change of circumstances. Even on the time of the divorce, there was an expectation that the spouse would possibly work sooner or later. And whereas there was proof that others lived with the spouse, akin to her grownup youngsters, there was no proof that she contributed to their dwelling bills.
For these causes, the Court of Appeals affirmed the choice of the decrease court docket. It additionally assessed the prices of appeal in opposition to the husband.
No. M2020–00951-COA-R3-CV (Tenn. Ct. App. Apr. 23, 2021).
See unique opinion for precise language. Legal citations omitted.
To study extra, see Alimony Law in Tennessee.
To study extra, see Alimony Modification in Tennessee Law | How to Modify Alimony.