TN Alimony Terminated | Ex-Wife Can Pay Her Own Expenses
Tennessee law case summary on alimony modification and termination in Tennessee divorce and family law from the Tennessee Court of Appeals.
Sandra K. Williams v. Ronnie Lloyd Williams – Alimony Modification
In this case, the wife, Sandra K. Williams and Ronnie Lloyd Williams, seek out an appeal on a lower court’s ruling of the state of alimony. The husband sought to reduce the alimony obligation owed to the wife saying the wife’s income had increased constituting a substantial and material change in circumstances. Following an initial hearing, the trial court reduced the alimony from $750 per month to $500 per month. The wife appealed the decision of the lower court.
The wife and husband divorced on September 21, 2004. They had two children during the marriage, one of which was still a minor at the time of the divorce. The court designated the husband as the primary residential parent and awarded the wife reasonable visitation. The court divided the material assets and did not provide alimony to the wife. The wife appealed this decision initially and the trial court later awarded alimony in futuro to the amount of $750 per month.
The trial court noted in its appeal for alimony that the long duration of the marriage, which lasted 28 years, ended because of the husband’s indiscretions. Both parties had good job security – the wife as an elementary school teacher and the husband as a supervisor with an employer he had been with for 33 years. The husband made $75,000 to $76,000 annually while the wife made $30,000 annually.
The court considered both party’s incomes and monthly expenses, noting that the wife’s reduced income was a substantial factor. Based on the demonstrated expenses of the wife, there was a need for alimony.
For more than four years, the husband paid the alimony required. In February of 2010, the husband petitioned for a modification alleging a significant change in circumstances in that the wife received a substantial promotion and an improvement to her earnings. At a previous hearing in front of a trial court, the wife admitted to an income of $30,000 at the time of divorce. In 2009, her income rose to $46,000 and in 2010 to $64,000 when she became the principal of the middle school. The wife claimed she had to obtain student loans to obtain the credentials to qualify for the position.
The husband’s income also changed from $75,000 at the time of the divorce to $101,451 in 2010 and stated his income increased because of work he took on for storm-related work that was not under contract or promised.
After the first appeal, the court of appeals reduced the alimony payment the $750 per month to $500 per month, noting the increase in the wife’s income.
In the most recent appeal, it was necessary to determine if the alimony should be $750 or zero, based on what each party wanted it to be. The appeals court noted that there was a doubling of the wife’s income without a marked increase in her expenses did constitute a substantial change. It was unforeseeable at the time of the divorce that the wife would further her education and increase her income as such. The appeals courted noted that this warranted some modification. In determining that the wife had the means to pay for her own expenses, the court ruled that the alimony obligation was over, terminating the alimony obligation.
“Here, Wife received alimony in futuro, which “should be awarded only when the court finds that economic rehabilitation is not feasible and long-term support is necessary.” Gonsewski, 350 S.W.3d at 110. In this case, Wife’s need for alimony had lessened beyond that which was ever contemplated at the time of the first appeal. She had been economically rehabilitated, was self-sufficient, and was no longer in need of long-term support, given her increased income, education, and earning potential.”
Court of Appeals of Tennessee at Knoxville, Appeal from the Circuit Court for Clairborne County, No. 8896, Hon. Robert M. Estep, Judge.
Disclaimer: 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, prenuptial agreements, child custody, parental relocation, child support modification, and alimony modification.
