TN Husband Failed to Pay Support & Gets 20 Days in Jail
Tennessee law case summary on transitional alimony and contempt in Tennessee divorce and family law from the Tennessee Court of Appeals.
Caroline Tippens-Florea v Johnathan Matthew Florea – Tennessee Divorce & Contempt – 3 Years Married
Caroline Tippens, Wife, and Matthew Florea, Husband, marred in June of 2007. The Wife was 22 and a graduate from the University of Tennessee at Martin with a Bachelor’s degree in Sociology. The Husband was 27 and working as an engineer for Hacket Precision Co. He had a Bachelor’s degree in Electromechanical Engineering Technology.
Once the parties purchased a marital home in July of 2007, they began arguing about finances. The Wife started at the Nashville School of Law in August of 2007. The Husband left his employment and accepted a full-time position at Titan Automation making $65,000 per year. The home, valued at $235,000 was 100 percent financed and the Wife’s name was not on the deed. The Husband maintained that the Wife’s poor credit was a factor.
The Wife began working for Baker, Donelson, Bearman, Caldwell & Berkowitz earning $36,000 per year. The Wife paid $500 per month toward law expenses. The Husband returned to HPC Automation and earned $87,000 in 2007, $108,000 in 2008 and $96,000 in 2009.
The Wife filed for divorce in June of 2009 citing irreconcilable differences and inappropriate marital conduct. He requested a restraining order from Husband for harassing, assaulting, and threatening her. She asked for exclusive possession of the home and pendente lite support. The Husband denied all claims by the wife and counterclaimed for divorce on the grounds of cruel and inhuman treatment.
The trial court heard the case in July of 2009. It granted the Husband exclusive possession of the home and ordered him to pay $500 per month in pendente lite support to the Wife. Two weeks after this, the parties submitted an agreed order dividing property.
The Husband fell behind on his support payments and Wife filed a Petition for Criminal Contempt in May of 2010 stating he made late payments in March and April and failed to make any May payment. Later June and July were added to this complaint. The Husband stated he left his job and started a subcontracting business called Autom8n because other workers were being laid off. He stated that this reduced income and the fact that he changed attorney’s three times was a problem in making payments owed.
Using bank statements, the court found the Husband had money left in his bank account after bills were paid and, therefore, held him in contempt for the missed payments in May and June. He sentenced him a $100 fine and 20 days in jail.
A hearing for the divorce occurred in September and October of 2010. Both parties requested spousal support. At the time, as an administrative assistant, the Wife was earning $36,000 per year. The Husband stated he earned about $5,700 per month or $68,400 per year. His paycheck indicated he had earned $40,804.56 from January through July 15 of 2010.
In the final divorce decree, the Wife was awarded transitional alimony of $4,500 per month for 12 months.
The Wife and Husband brought forth an appeal. The Husband claimed that the Wife should not have received transitional alimony. The Husband argued that the short length of the marriage (which was just three years) as well as the fact that Wife was earning an income does not entitle the wife to any alimony.
The appeals court noted that the husband did not state why the trial court may have erred in its ruling. It also stated that the Husband’s successful job and income did not limit his ability to pay the award. It also noted the husband made significant payments on his credit cards, contributed to a retirement account and continued to enjoy expensive hobbies. It ruled, then, that the trial court’s award was just in the case and affirmed the decision.
No. M2011-00408-COA-R3-CV (Tenn. Ct. App. May 31, 2012).
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, alimony modification, and divorces including business valuation and forensic accounting issues. A Memphis divorce attorney from the Miles Mason Family Law Group can help. Contact the Miles Mason Family Law Group, PLC at 901-683-1850.
