Jason Patrick McCarroll v. Melissa Susan McCarroll

CourtCourt of Appeals of Tennessee
DecidedJuly 2, 2026
DocketM2024-01804-COA-R3-CV
StatusPublished
AuthorChief Judge Frank G. Clement, Jr.

This text of Jason Patrick McCarroll v. Melissa Susan McCarroll (Jason Patrick McCarroll v. Melissa Susan McCarroll) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jason Patrick McCarroll v. Melissa Susan McCarroll, (Tenn. Ct. App. 2026).

Opinion

07/02/2026 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE April 8, 2026 Session

JASON PATRICK MCCARROLL v. MELISSA SUSAN MCCARROLL

Appeal from the General Sessions Court for Jackson County No. 2020-DV-37 Tiffany Gentry Gipson, Judge ___________________________________

No. M2024-01804-COA-R3-CV ___________________________________

This appeal concerns the trial court’s division of marital debt and award of alimony in a divorce action. After the trial, the court assigned most of the marital assets and debts to the husband and awarded the wife alimony in futuro based on an affidavit that included her “anticipated” expenses. The court also awarded the wife alimony in solido to pay for her attorney’s fees. The husband then filed a motion to alter or amend. While the motion was pending, the net proceeds from the sale of marital real estate were distributed to the parties. In its order on the husband’s motion, the trial court reallocated responsibility for the balance on a credit card account in the husband’s name, and it ordered the balance be paid out of the net proceeds from the real estate sale. On appeal, the husband argues that the trial court erred by relying on the wife’s “speculative future needs” rather than her actual expenses at the time of trial when awarding alimony. The husband also argues that the court should have awarded rehabilitative alimony rather than alimony in futuro because the wife has several vocational certificates that she could use to obtain a better paying job. And both the husband and the wife contend that the division of marital debt was inequitable. We conclude that the parties have waived their objections to the division of marital debt and the award of alimony in solido by failing to comply with the briefing requirements of the Tennessee Rules of Appellate Procedure. As for the award of alimony in futuro, we find no error in the trial court’s reliance on evidence of the wife’s “anticipated expenses,” and we find no support in the record for the husband’s assertion that the wife could obtain a better paying job with her vocational certificates. Nonetheless, we find it necessary to modify the portion of the trial court’s order requiring the parties to pay off the credit card with funds from the real estate proceeds because they were previously disbursed.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the General Sessions Court Affirmed in Part; Modified in Part; and Remanded.

FRANK G. CLEMENT JR., C.J., delivered the opinion of the Court, in which ANDY D. BENNETT and WILLIAM E. PHILLIPS II, JJ., joined. Henry D. Fincher, Cookeville, Tennessee, for the appellant, Jason Patrick McCarroll.

Cindy Morgan, Sparta, Tennessee, for the appellee, Melissa Susan McCarroll.

OPINION

FACTS AND PROCEDURAL HISTORY

In 1999, Jason Patrick McCarroll (“Husband”) and Melissa Susan McCarroll (“Wife”) were married in Seminole County, Florida, where they both worked for the Florida Department of Corrections. Ten years later, the couple moved to Oak Ridge, Tennessee, where Husband worked for a machining company, and Wife worked for a county jail.

In 2011, Wife quit her job to care for Husband’s grandmother while Husband was serving abroad with the United States Naval Reserves. After Husband returned, Wife decided to reenter the workforce. But instead of returning to her old career, Wife completed a training program to become a certified unexploded ordnance technician.1 However, Wife never used her certificate because the available jobs were contract based and required travel.

So, Wife enrolled in and completed a dental assistant certificate program. But for reasons unknown, Wife never worked as a dental assistant. Instead, she went back to school again to become an aesthetician. This time, Wife not only earned her certificate, but she also obtained a license and a job. Yet Wife abandoned that line of work after failing to secure enough clients to make the commute worth it. Wife then enrolled in a cosmetic laser hair removal course in Arizona. After completing that program, however, Wife discovered that she couldn’t use her training in Tennessee, where only nurses may perform such procedures.

Around that time, in 2019, the parties sold their 1,800 sq. ft., three-bedroom, two- bath house in Oak Ridge and bought a 44-acre parcel of land in the Upper Cumberland area

1 Wife explained the work of an unexploded ordnance technician as follows:

Q. Unexploded ordinance [sic] tech, can you explain what that is?

A. So military bases that—out West that had bombs dropped that didn’t explode, a lot of those places are being turned back over to the government or—to build on, and they wanted those gone. So you would just have a metal detector. And if you found one and it was live, you blow it up in place. If not, it was cleaned up. You had to dig it up and take it out.

-2- of Tennessee, near Clarksville. The couple planned to build a new home there while they lived in a travel trailer.

Meanwhile, Wife developed several health conditions for which she received regular treatment, including Botox injections for interstitial cystitis, medication for pre- diabetes, and periodic nerve ablation for back pain. Wife also underwent surgeries for uterine cancer in late 2019 and early 2020.

In July 2020, Husband moved out of the travel trailer and commenced this action for divorce. Wife then filed a countercomplaint and sought, inter alia, awards of temporary and long-term alimony.

After filing the Complaint, Husband took control of the parties’ bank accounts, canceled Wife’s car insurance, removed Wife from his health insurance, and stopped making payments on two credit cards in Wife’s name. To make ends meet, Wife took a job working at a factory, where she earned about $14 per hour. Although Wife was awarded $500 a month in temporary alimony, she could not afford her medical care, and her credit cards went into default.

After a few months of living on her own, Wife moved to Ohio to live with her aunt. There, Wife took a job with Amazon, earning $17.50 per hour. Meanwhile, Husband moved onto a 200-acre farm with his girlfriend, Christy McCullough, and he took out a $26,000 loan to buy Ms. McCullough a new car. Husband also used marital funds to pay for Ms. McCullough’s car insurance, and he began giving $1,000 a month to a local church.

In July 2022, the trial court granted the couple a divorce based on stipulated grounds, reserving all other issues for trial. Shortly after that, the couple sold their 44-acre property, netting approximately $100,000. The proceeds were placed in escrow with Wife’s attorney pending the division of the marital estate. The court then authorized the distribution of $5,000 to Wife to pay some of her attorney’s fees.

In March 2023, Wife moved to her sister’s house in Florida, where she worked as a delivery driver earning $12 an hour. Eight months later, Wife obtained a job in the kitchen at the Tomoka Correctional Institution, where she worked 40 hours a week and earned $17 per hour.

A trial on the issues of alimony and the division of the marital estate was held in December 2023. The court heard testimony from Husband and Wife and accepted 14 exhibits into evidence, including the parties’ affidavits of income and expenses. Wife executed her affidavit in September 2023, before she obtained the job at Tomoka. Thus, her affidavit listed an income of only $1,400 per month. Wife testified that she could no longer work as an unexploded ordnance technician or dental assistant due to her health conditions, and she could no longer work as an aesthetician in Tennessee because her license had expired. Wife also said that she could not work as an aesthetician in Florida

-3- without further training.

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Bluebook (online)
Jason Patrick McCarroll v. Melissa Susan McCarroll, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jason-patrick-mccarroll-v-melissa-susan-mccarroll-tennctapp-2026.