$600 / Month Alimony in Futuro After 9 Yr Tennessee Marriage
Alimony Tennessee law case summary following 9 years of marriage. Tennessee divorce and family law from the Tennessee Court of Appeals.
Latecia Gail Watson DiChristina v Mark William DiChristina – Tennessee Alimony Case – 9 years of marriage.
In the case of Latecia DiChristina and Mark DiChristina, the husband appealed the decision of the lower court to award the wife alimony in futoro for $600 per month. The parties were married for nine years. The wife was 42 at the time of the trial and living in publically assisted housing. She had three children from a previous marriage. During the marriage, the husband was employed at Bouldin & Lawson as a welding supervisor. The wife was employed at DeKalb Telephone Coop but was forced to leave after a medical condition. The mother works 24 hours a week at $6.00 per hour. A doctor testified that the wife could not work more than this due to her medical condition.
Also notable in this case is that in March of 2003, the wife learned the husband had gone into her daughter’s bedroom and making her feel uncomfortable and that it had been going on for two years. Though he denied this, he later admitted to it and when asked to leave the home, he did so. Later, it was determined the husband had touched the daughter sexually, though the father denied this at trial.
The trial court awarded the wife alimony in futuro for $300 payable on the 15th and the last day of each month. The husband appealed this judgment alleging the trial court erred in awarding the alimony in admitting into evidence an indictment charging him with unlawful sexual contact with the daughter and found that the husband implicated himself in the offense.
The trial court specifically noted the credibility of the wife in the lack of earning capacity and the potential or lack of vocational rehabilitation, the income available to the husband and the assets of the parties. The appeals court did not find evidence that the incorrect legal standard was used. The court noted that the bi-monthly gross income for the wife was $312 and her net income was $288.13. $600 in child support and $263 in food stamps is also income. Her expenses of $2,340 per month for expenses left a shortfall of $901.74.
For the first nine months of the year, the husband earned $28,499.83 leaving him with $2,324.33 per month after deductions. He claims $3,538.90 in expenses, of which $1,798.04 is in credit card payments, garnishments and loan repayments as well as $125 per month in greenhouse and nursery supplies though he testified he no longer in the nursery business.
Based on these factors, the appeals court could not rule that the award of alimony was incorrect but it showed that the evidence did support an award based on his ability to pay. Without any basis to show the court abused its discretion, the appeals court upheld the award of $600 per month.
No M2006-00025-COA-R3-CV, Filed May 11, 2007.
See original opinion for exact language. Legal citations omitted.
Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, child support, alimony, and alimony modification. The firm represents clients in Germantown, Collierville, and the surrounding west Tennessee area.
