TN Husband Ordered to Pay Alimony to Wife of 16 Yrs $500 /Mo x 12 Mos
Tennessee alimony law case summary following 16 years of marriage. Divorce and alimony law from the Tennessee Court of Appeals.
Michael Rowdy Echols v Joyce Butler Echols – Tennessee Alimony Law – 16 years married.
In the appeal of the divorce case of Michael Echols and Joyce Echols, the husband appeals the award of spousal support in excess of the amount listed in the case. The husband and wife married in December of 1989. They did not have children. In April of 2001, the husband filed a complaint for divorce on grounds of irreconcilable differences and inappropriate marital conduct. In November of 2001, the trial court entered a pendente lite order. The lower court required the husband to make monthly mortgage payments for $1,140 per month, which he did through July of 2002. The property was later foreclosed on but the wife was able to remain living there without any cost to her.
Both parties entered bankruptcy during the pending of their divorce. The husband filed Chapter 13 in February of 2004, and received a discharge in September of 2004. The wife filed Chapter 7 bankruptcy and received a discharge. In April of 2006, the court entered its decree and granted the wife a divorce on the grounds of adultery or inappropriate marital conduct after the court found the husband had sexual relations with about 25 other women. For spousal support, the court ordered the husband to pay the wife arrearages for $49,260, representing $1,140 per month mortgage payments as required by the previous court ruling that the husband failed to make. Additionally, the lower court awarded the wife $500 per month for 12 months as transitional alimony with permission to move for modification should he pay the arrearages in 30 days.
In the husband’s appeal, he stated that the wife, who failed to report to the bankruptcy court the expectation of earning more than $20,000 from the divorce, was therefore not entitled to any additional compensation. The appeals court ruled on the doctrine of judicial estoppel, noting that the husband claimed the wife was barred from an award of more than $20,000. The appeals court ordered that the bankruptcy was to include liquidated debts owing the debtor. The final decree awarding more than this amount was not to be an act that constituted a conscious and deliberate perjury. It noted there was no basis for the wife having knowledge at the time of the bankruptcy filing of the value of her divorce settlement. At the time the wife filed bankruptcy, the amount of arrearage on the mortgage was just over $18,000 and thus did not exceed the threshold set forth. It ruled that this was not a factor.
In the consideration of transitional alimony, the husband believed the court erred in its award of $500 per month for 12 months to the wife. In the case, the trial court correctly determined the wife is not in need of rehabilitation. In the determination of whether the husband could afford to pay the award of alimony, it was noted by the lower court that the husband lived a rather lavish lifestyle. At month end, he had $1,100 left after paying expenses, including $30 per day for food and $300 per month on clothing. Contrastingly, the wife was barely breaking even and it found that the wife would likely incur medical expenses from medical conditions. As such, the appeals court found that the award of transitional alimony was in fact necessary and possible for the husband to pay and affirmed the ruling.
No. E2006-02319-COA-R3-CV (Tenn. Ct. App. June 19, 2007).
See original opinion for exact language. Legal citations omitted.
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