346 S.W.3d 474
Tenn. Ct. App.2010Background
- Husband was ordered to pay alimony in futuro after a 2004 divorce during Wife's cancer treatment.
- Wife's health improved post-divorce; Husband lost Caterpillar job and took a lower-paying position at LEEVAC.
- Husband sought modification or termination of alimony and health-insurance premiums; trial court found a substantial change but denied modification.
- Court found Wife now capable of earning some income; Husband had income from Sonic restaurants and other assets despite prior awards.
- Trial court maintained alimony at $3,000/month, capped health-insurance premium at $500/month, and kept life-insurance at $200,000; both parties bore their own fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a substantial and material change in circumstances justifying modification | Church argues reduced income and Wife's improved earning ability warrant modification | Church asserts change is substantial/material and should modify | Yes; substantial and material change affirmed |
| Whether alimony in futuro should be terminated or modified | Church contends need and ability to pay now justify termination/modification | Church argues maintenance should be reduced/terminated | No modification; alimony remains |
| Whether Husband's health-insurance obligation should be modified or terminated | Church claims financial hardship permits change | Church argues insurance obligation should be reduced/removed | Health-insurance obligation capped at $500/month; otherwise unchanged |
| Whether Husband's life-insurance obligation should be modified | Church contends modification warranted by changed finances | Church asserts no change to life-insurance requirement | Life-insurance requirement maintained; no modification |
| Whether Wife should be awarded attorney fees on appeal | Wife seeks appellate fees due to necessity of responding | Church opposes award of appellate fees | Appellate fees awarded to Wife; remand for amount; trial-level fees not reversed |
Key Cases Cited
- Bogan v. Bogan, 60 S.W.3d 721 (Tenn. 2001) (modification of alimony requires substantial and material change; relevant factors apply)
- Wiser v. Wiser, 339 S.W.3d 1 (Tenn. Ct. App. 2010) (modification factors and emphasis on obligee need and obligor's ability to pay)
- Mimms v. Mimms, 234 S.W.3d 634 (Tenn. Ct. App. 2007) (income from various sources considered in modifying alimony; tax effects noted)
- Norvell v. Norvell, 805 S.W.2d 772 (Tenn. Ct. App. 1990) (income from property awarded in divorce not a change in circumstances warranting modification)