$200/mo 3 Yrs Rehab Alimony Owed By TN Dad 7 Yrs Married
Tennessee rehabilitative alimony law case summary following 7 years of marriage. Tennessee divorce and family law from the Tennessee Court of Appeals.
Mitchell Dwayne Gentry v. Jerica Renae Gentry
In this case, a lengthy trial took place that left a decision of the mother being the primary residential parent. The mother was to receive alimony, child support and attorney fees paid. The father then appealed the decision in the award of alimony. The case came to trial in January of 2009 when the father brought action against the mother alleging inappropriate marital conduct. The parents have two children. The father, who was in active duty through December of 2008 had physical custody of the children and while in active duty, his parents did. This award of custody was due to the mother’s threat she would take the children to Arkansas and not return them.
The mother requested custody, child support and alimony due to the father’s inappropriate marital conduct. The parties then entered a Temporary Agreed Order Setting Residential Schedule. The agreement was for the mother to receive four calls per week with the children and additional time if she came to Hamilton County.
The trial occurred in September 2009. The father noted he lived in the marital residence and was prior stationed in Italy before being discharged. He served two tours of duty through the National Guard from 2000 to 2003. The mother worked at a day care between May and December 2008 and seasonally at Sears or babysitting.
The court ruled that the father’s indiscretions, of which he denied though there was documented proof of them, and his diagnosed PTSD and depression were factors in awarding the mother with custody of the children. The court awarded $729 per month in child support and $200 per month for three years in rehabilitative alimony.
The appeals court ruled that there is evidence that shows the father had a greater earning capacity than the mother. His net income was $2,600 per month and the mother’s income was $1,200 per month. The father’s education and training and profitable job in the IT/computer field, and the fact that the mother worked as a customer service representative and lacked training contributed to the need for alimony. The length of the marriage was seven years.
The father was found at fault for the marriage’s failing and the mother contributed to the marriage by remaining home with the children. The court ruled that alimony was necessary because the mother stated a need for providing for herself and the children and the father testified he was able to pay expenses for himself and the children. The court did not err in awarding the small amount of rehabilitative alimony in the case.
No. E2010-00943-COA-R3-CV, December 28, 2010.
See original opinion for exact language. Legal citations omitted.
To learn more about alimony, read Tennessee Alimony Law in Divorce | Answers to FAQs. Also, see the MemphisDivorce.com Tennessee Family Law Blog and its Alimony category.
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