TN Wife of 18 Years Gets $3,000 Per Month Periodic Alimony
Tennessee alimony law case summary following 18 years of marriage. Tennessee divorce and family law from the Tennessee Court of Appeals.
Jerry L Fox v Janet E Fox – Tennessee Alimony Law
In the divorce of Jerry Fox and Janet Fox, the wife filed an appeal claiming the trial court erred in providing periodic alimony. The parties married in 1991. The husband filed for divorce in August of 2006 citing irreconcilable differences and inappropriate marital conduct. The wife counter pleaded the same. In June of 2009, the court declared the marriage of 18 years over. The husband was designated the primary residential parent of the minor child and the court required the wife to pay $521.75 in child support. The court also ordered the husband to pay periodic alimony for $1,000 per month until death or remarriage.
In a hearing held in August of 2009, the court denied the request to increase the alimony of the wife, but it did lower the child support obligations to $215 per month.
The appeals court was to decide if the award of periodic alimony by the trial court provided enough funds for the wife. Periodic alimony, it noted, was given as a payment of support and maintenance on a long-term basis. The wife believed the court should have provided her with alimony for $6,000 per month while the husband insists $1,000 per month is appropriate.
At the time of the trial, the husband was 65 and was a self-employed home inspector with Ace Building Consultants. According to tax returns, the husband earned $47,312 in 2006, $71,557 in 2007, and $24,034 in 2008. He also receives distributions from a family trust. In 2008, he withdrew $182,464 from the trust. He noted he does not believe the trust will be depleted anytime soon.
At the time of the trial, the wife was 55 years old, a college graduate and was employed as a Realtor during most of the marriage. The wife began working at a bed and breakfast the couple owned full-time in 2004. According to a tax return, the bed and breakfast suffered losses throughout its operation. The wife stated she cannot work as a real estate agent any longer due to health problems.
The trial court found that the wife was bright and well-educated and had the ability to earn money. The lower court also found that there was no way the husband could afford to pay $6,200 per month as the wife requested. The appeals court ruled that the trial court erred in making its decisions.
It considered the home inspection business, the financial resources, and the long-term marriage as factors of why the husband may need to pay alimony. Also important was the fact that the wife gave up her real estate business to focus on the couple’s bed and breakfast. Additionally, the bed and breakfast has significant debt of $82,000 attached to it, with a monthly payment of $1,028.97. The wife also has medical concerns. As such, the appeals court found in favor of the wife and adjusted her periodic alimony to $3,000 per month.
No. M2009-02341-COA-R3-CV, March 24, 2011.
See original opinion for exact language. Legal citations omitted.
Memphis divorce lawyer, Miles Mason, Sr. practices family law exclusively and is the 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 the free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce.
