14 Year Marriage Alimony of $1,800/mo + $90,000 Upheld
Case summary on Tennessee transitional alimony and alimony in solido following 14 year marriage in Tennessee divorce and family law from Tennessee Court of Appeals.
Kimberly Anne Chavez v. James Albert Chavez
In an appeal from the Circuit Court for Montgomery County, James Albert Chavez, JR requests the court to appeal the parental custodian for minor children, alimony awarded and the alimony in solido. Kimberly Anne Chavez is the wife in this case and the two share two children, a daughter over the age of 13 and a son. This was a 14 year marriage.
Chavez Story and Divorce
Kimberly and James Chavez were married on June 2, 1996. The wife filed for divorce in September of 2008. In June of 2010, the wife amended her complaint to allege the adultery of the husband, who later admitted to being guilty of it. The court awarded the divorce to the parties and found that the husband engaged in inappropriate marital conduct by engaging in a relationship with another woman. The wife engaged in inappropriate marital conduct as well, by engaging in alcohol and drug abuse.
Initial Divorce Findings
At the time of the ruling of the divorce, the court provided that the marital property be divided, the home sold and that residential custody of the children be given to the wife and mother. In addition, the husband was required to pay transitional alimony of $1,800 per month for 48 months as well as $90,000 over a six year period as alimony in solido. The court granted the wife a $20,000 award of attorney fees. The husband was required to pay $1,653 monthly for child support.
Appeal of Official Findings
The husband brought the case to court on appeal alleging that the alimony, alimony in solido and the residential custody awarded to the wife were unfair. The court reviewed the child custody and visitation to determine if abuse occurred. The initial ruling for child custody allowed for the children to spend one week on and one week off with each parent, but this became too difficult as the children were involved in various activities. In addition, the court ruled that the excessive absence of the father as a result of business travels makes it difficult for the father to spend time with his children on a 50/50 basis with the wife. Though no reports or findings were found and the eldest child was spoken to about her wishes, the court confirmed the residential agreement for the mother due mostly to the lack of the father’s presence due to work obligations.
Furthermore, the court also considered where the alimony awarded to the mother was fair and if it was necessary as transitional alimony. Though the mother is now employed and has a marketing degree with work history, the father makes four times as much as the mother. In addition, the court notes that the appropriate and expected standard of living is possible only with assistance. The appeal court upheld the ruling to allow the previously awarded alimony and alimony in solido be awarded. However, it did not allow for the attorney fees to also be paid.
February 5, 2012, Circuit Court for Montgomery County, No. MCCCCVD081015, John H Gasaway III, Judge
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 family law matters including divorce, child support, alimony, prenuptial agreements, child custody, parental relocation, child support modification, and alimony modification.
Disclaimer: See original opinion for exact language. Legal citations omitted.
