12 Yrs Married, TN Wife Earns $2,400/mo Awarded Rehabilitative Alimony
Tennessee alimony law case summary following 12 years of marriage. Tennessee divorce and family law from the Tennessee Court of Appeals.
William B. Hughes, Jr v Patsy M. Hughes – Tennessee Alimony Law – 12 years of marriage.
In this divorce case, the husband appeals the decision of the trial court that awarded the wife rehabilitative alimony. It also disputes the award of alimony in solido to the wife to pay for attorney’s fees. He also disputes the income of the wife. William Hughes and Patsy Hughes married on July 16, 1994 and had one child. In April of 2006, the husband filed for absolute divorce, which he later amended adding that the divorce was due to inappropriate marital conduct.
The final hearing occurred on June 25, 2007 and ended the marriage of 13 years. In the hearing, both parties submitted proposed parenting plans. The husband’s gross income was $6,500 per month and the wife’s income was $1,200 per month. The wife requested $818 per month in child support and the husband asked for a reduction to $667 per month due to the cessation of childcare. The trial court ordered the husband pay rehabilitative alimony of $1,800 per month for 30 months.
One of the concerns raised on appeal was the wife’s income. The trial court noted the income of $6.00 per hour, though the husband claims the wife is capable of earning significant more. At the time of the trial, the wife was working for Professional Mortgage Group and had a commission-only salary, which she estimated was $2,400 per month. This income did not materialize and thus, the trial court reduced her income. Her ability to work was undisputed due to a degenerative disc disease and other conditions. The parties’ poor credit concerns prevented the wife from working in the mortgage industry. The trial court found that the wife was not voluntarily underemployed.
The court reviewed the contention that the trial court abused its abilities in awarding the wife rehabilitative alimony. The trial court awarded the wife $1,800 per month for 30 months. The appeals court stated that this is often awarded in cases where one spouse is economically disadvantaged, which the appeals court noted is the case. Though alimony in futuro is not awardable due to the wife’s ability to work in the mortgage industry at some time in the past, there is a need present. The husband worked for Grade, LLC, a position in which he earned $1,500 per week salary. He also owns a truck company.
The appeals court ruled that 30 months seemed to be a good amount of time for the wife to reestablish her good credit so she could procure employment that is more lucrative. It indicated that the award of rehabilitative alimony was correct.
No. M2007-02216-COA-R3-CV, Filed August 22, 2008.
See original opinion for exact language. Legal citations omitted.
Memphis divorce lawyer, Miles Mason, Sr. practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, alimony, alimony modification, child support, and child support modification. Also, see the MemphisDivorce.com Tennessee Family Law Blog and its Alimony category. Also, download for free the e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce sharing essential tips for the most important initial steps when planning your divorce.
