16 Yrs Married, Tenn. Wife Gets $150 /Mo. Alimony in Futuro in Divorce
Tennessee alimony law case summary following 16 years of marriage. Tennessee divorce and family law from the Tennessee Court of Appeals.
Angelia Laverne Kienlen v Richard Laird Kienlen – Tennessee Alimony in Futuro Law – 16 years of marriage.
In the divorce case of Angelia Kienlen and Richard Kienlen, the court ordered the husband to pay monthly child support of $901 and alimony in futuro of $150 per month. The husband appeals and stated that the court erred in awarding the wife spousal support. The lower court’s ruling dissolved the marriage of 16 years. At the time of the divorce, the parties had a minor child who was just shy of her 17th birthday.
The husband was 45 years old at the time of the appeal. Employed as Director of the Bradley County Misdemeanor Probation Program, he earned a gross annual income of $42,600. The husband has a college degree and works part-time as an umpire and referee for the YMCA. The wife was 46 at the time of the divorce and worked as deputy clerk in the office of the Clerk of the Bradley County General Sessions Court, a position she has had since 2000. Her gross annual income is $18,000. Previously, she was employed as an executive secretary at a church and was the sole support for the family for a year while the husband completed college.
The lower court awarded the wife the divorce on the grounds of inappropriate marital conduct on behalf of the husband. The husband’s only disagreement with the lower court’s ruling is in the form of alimony, which he said he could not pay. He noted the wife had the ability to earn more money than she was currently making at the time. The husband stated the wife was earning $21,000 a year as a bookkeeper at one point.
The wife’s net income at the time of the divorce was $1,391.34 and her projected expenses were $4,273.95. The court ordered exact income and expenses reported for a period and the actually monthly expenses were significantly less than the amount anticipated. The trial court found the wife needed $1,500 a month beyond her income. The documentation does state the wife is at an economic disadvantage and in need of alimony in futuro.
The husband’s income was $2,952.96 and expenses totaled $2,374.50. The court limited some of the items included on the expense report and noted that his monthly expenses, not including child support were $2,174. This is a deficit of $123 after the deduction of the child support. This shows that there were no available funds for alimony. Because of the lack of funds available, the appeals court ruled the lower court abused its discretion when directly the husband to pay alimony during the period that the parties’ child was a minor. However, as the minor daughter would reach majority within slightly more than a year. As such, the appeals court ruled that the husband would have excess funds to pay for spousal support found to be appropriate at that time, based on the real need of the spouse. When the payment of child support was no longer required, the husband would pay the $150 per month in spousal support.
NO. E2007-00067-COA-R3-CV, July 11, 2007.
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.
