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Husband Transfers $262Ok to Sister Must Pay Alimony


Tennessee case abstract on divorce.

Rania Anwar Al Qaisi v. Diab Mahmoud Alia

The husband on this Davidson County, Tennessee, case was born and raised in Kuwait and had a level in mechanical engineering.  After changing into a U.S. citizen, he attended a commerce college to change into a licensed mechanic.  At the age of 42, he married in Jordan, when the spouse was 27 years outdated.  She had labored as an inside designer in Jordan, however didn’t work within the United States.  They had a daughter in 2015.

The husband operated a enterprise shopping for and promoting automobiles, however the enterprise proved to be unprofitable.  When he was supplied a job as supervisor of a mobile phone business retailer, the couple moved to North Carolina.  The marriage saved deteriorating, and in 2018, the husband was transferred to Nashville.  After a home dispute, the spouse went to the police and obtained an order of safety, and the husband was arrested.  Shortly thereafter, the spouse filed for divorce.

While the case was pending, the spouse filed a movement for contempt, alleging that the husband had transferred $262,000 to a overseas account.  The husband was present in contempt, however because the sister to whom he transferred the cash refused to return it, there was no method for the husband to purge the contempt.

A trial was held, and in early 2020, the court docket entered its ultimate decree.  The trial decide discovered that the husband was “prone to extreme exaggerations” and was not a reputable witness.

After checking out the testament, the trial court docket named the spouse as the first residential mum or dad and gave her 246 days of parenting time, with the husband having 119 days.

The spouse was making about $2150 per 30 days at a restaurant and driving for Uber.  The husband claimed to be making $300 per week, however the trial court docket discovered that the husband introduced inadequate proof of his earnings, a lot of which had been money.  The court docket discovered him to be voluntarily underemployed and pegged his revenue at over $37,000.  It subsequently set his baby help obligation at $488 per 30 days.

The trial court docket took the $262,000 switch into consideration when making the property settlement and alimony awards.  The alimony award was set at $1,070 per 30 days, and the spouse was awarded legal professional charges.  The husband then appealed to the Tennessee Court of Appeals.

The appeals court docket first regarded on the imputed revenue of the husband and agreed that the trial court docket had taken the correct approach.   It agreed with the decrease court docket that the husband had not correctly documented his earnings and that he was voluntarily underemployed.  In distinction, it regarded on the spouse’s earnings in a restaurant, as an Uber driver, and as a supply driver for Amazon.

The husband argued that the alimony quantity had been set too excessive, however as soon as once more, the appeals court docket agreed with the decrease court docket.  The husband introduced a chart of his bills to the appeals court docket, however the court docket famous that these quantities weren’t correctly within the trial document.  The appeals court docket referred to as this a “belated attempt to piece together evidence that he should have proven at trial” and rejected it.  After reviewing the proof, the court docket affirmed the alimony award.

Finally, the court docket regarded on the parenting time and agreed that the decrease court docket had acted appropriately.

For these causes, the Court of Appeals affirmed, and taxed the prices of appeal in opposition to the husband.

No. M2020-00390-COA-R3-CV (Tenn. Ct. App. Jan. 28,  2021).

See unique opinion for precise language.  Legal citations omitted.

To study extra, see Property Division in Tennessee Divorce.


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