30 Jul 2012

TN Wife of 25 Yrs Receives $3,000/Mo Alimony In Futuro + Child Support

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Alimony Tennessee law case summary following 25 years of marriage.  Tennessee divorce and family law from the Tennessee Court of Appeals.

Sandra L. Hill vs. James R. Hill – Tennessee Alimony – 25 years of marriage.

In the 25-year marriage of Sandra L. Hill and James R. Hill that produced nine children, the lower court granted a divorce to the wife based on the husband’s fault and awarded the wife alimony in futuro. The court found the husband guilty of criminal contempt for not depositing $85,000 with the clerk according to the agreement. The husband appealed the decision of the court saying the amount of alimony provided was excessive.

Married on January 2, 1981, the husband and wife had nine children, five of whom were still minors when the couple filed for divorce in 2005. The wife claimed the husband was guilty of extreme emotional abuse towards here in that he inflicted severe corporal punishment on the children.

The wife had a nursing degree and worked for the first two years of the marriage but became a homemaker to care for the family at that point. The husband held numerous jobs, many of which lead to a change in residence. At the time of the divorce, the husband was working for Manitowoc Corporation holding a position of Vice President for Sales to the Western United States.

The wife filed a motion for temporary support for herself and the children noting the husband paid $500 per week as well as paying for mortgage and utility payments. The motion was not heard but the parties entered an agreement in June 2006 that the husband would deposit $85,000 from his stocks.

During the hearing, the wife stated monthly expenses of $11,481 including $1,900 per month for the home mortgage. The husband listed gross monthly income of $14,508 and a net monthly income of $10,171. His monthly expenses including the cost of visitation with children and a $1,000 tithe, were listed in total as $7,977. Further testimony revealed the husband included many expenses while traveling but the company covered most. The court awarded alimony in futuro to the wife. The wife was awarded the marital home and the remaining funds on deposit with the court. Additionally, the court awarded 70 percent of the husband’s 401k retirement account, half the proceeds from stock options and support obligations including alimony of $3,000 per month. Additional child support in the amount of $3,150 per month was included.

The husband appealed the award of alimony in futuro. Factors considered in the award of alimony included the relative earning capacity, obligations, financial resources and the needs of the parties. The wife, being 45 years old and with a nursing degree would take a significant investment for her to catch up her degree.

The court looked at the husband’s income to determine if the alimony was accurate. The 2004 tax return stated he received $180,816 in wages, salaries, tips, etc and $12,289 in capital gains from the sale of stock, equating to $16,093 per month. His 2006 income was less than $180,000 not counting stocks. After reviewing the income, the appeals court ruled that there was not a preponderance of the evidence to support his claim that his income and the award of alimony was unfair.

Chancery Court for Williamson County, No. M2007-000490-COA-R3-CV, December 3, 2008.

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, and alimony modification. The firm represents clients in Germantown, Collierville, and the surrounding west Tennessee area.

Miles Mason

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Memphis divorce and family lawyer, Miles Mason, Sr. is the founder of Miles Mason Family Law Group, PLC. For more information about our professional staff, see our Meet the Team page.

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