Married 12 Years TN Wife w/ Muscular Sclerosis Gets Alimony In Futuro
Tennessee alimony law case summary following 12 years of marriage. Tennessee divorce and family law from the Tennessee Court of Appeals.
Willard Frederick Williams v Noelle Lesley Williams – Tennessee Alimony Law – 12 years of marriage.
In the case of Willard Williams and Noelle Williams, the husband filed an appeal about the divorce case noting that the trial court erred by ordering him to pay an excessive amount of alimony. The wife also appeals the award of alimony noting it was not sufficient. The parties married in October of 1989. At the time of the marriage, the wife was diagnosed with muscular sclerosis. Two or three years into the marriage, the wife was diagnosed as totally disabled. In August of 2001, the husband filed for divorce and the husband moved from the home about the same time.
The couple purchased a home in 1993, but because the house had three levels, it was inaccessible for the wife. In March of 1993, she moved into a separate, one-level house purchased by the husband. The wife petitioned the court that she be granted separation rather than divorce because she was would lose access to health insurance. The trial court ordered the husband to pay alimony in pendente lite at $780 per month in April of 2003. A second hearing took place in May of 2004. The trial court granted legal separation and ordered the husband to keep paying alimony in futuro of the same amount. In the final hearing in April of 2007, the court declared the parties divorced, ending their 18-year marriage.
In the appeal, the court ruled on the award of alimony in futuro. The trial court ruled the husband was to pay $780 per month as well as the monthly mortgage payments, insurance, taxes and utility costs for the home the wife was to live in. The husband did not dispute the need for spousal support. The wife presented a document from her long-treating doctor noting that the wife needs 24-hour care due to her MS. The wife’s income was $984 per month from Social Security and $780 in alimony, amounting to $1794 in total income per month. Her expenses were $2,148.85, creating a deficit of $384.85.
The husband claimed the award is more than he can pay. His income reports from April of 2007 state he has a monthly income of $3,200 and total expenses including the alimony of $3,365 per month, resulting in a deficit of $165 per month. He stated that the mortgage payment on one of the homes increased because he refinanced the loan to take money out of the value of the home. The appeals court stated that it believed the husband could earn more by working additional hours or sharing the income and expenses with the woman who he is living with after the separation from his wife. The husband worked for the US Postal Service from 1996 through 2007. In 2007, the husband was 59 years old.
The appeals court ruled that the facts presented in this case did not show any abuse of the trial court’s discretion in awarding alimony in futuro. It also noted that while the husband has the ability to pay the amount required by the trial court, he does not have the ability to pay more and thus, the court denied the request for additional alimony from the wife.
No. E2007-01949-COA-R3-CV, April 30, 2008.
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.
