COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE FILED May 20, 1998
TERESA JAN GILES LAWSON, ) C/A NO. 03A01-9709-CH-00406 Jr. Cecil Crowson, ) Appellate C ourt Clerk Plaintiff-Appellant,) ) ) v. ) APPEAL AS OF RIGHT FROM THE ) CLAIBORNE COUNTY CHANCERY COURT ) ) ) STEVEN STUART LAWSON, ) ) HONORABLE BILLY JOE WHITE, Defendant-Appellee. ) CHANCELLOR
For Appellant For Appellee
MICHAEL G. HATMAKER DAVID H. STANIFER Jacksboro, Tennessee Stanifer and Stanifer Tazewell, Tennessee
O P I N IO N
AFFIRMED, AS MODIFIED REMANDED Susano, J.
1 In this divorce case, the appellant, Teresa Jan Giles
Lawson (“Wife”), contends that the trial court abused its
discretion when it failed to grant her request for alimony.
Following a contested hearing, the trial court granted
Wife a divorce from Steven Stuart Lawson (“Husband”), awarded her
custody of the parties’ one remaining minor child, decreed that
Husband pay child support of $425 per month, divided the parties’
property, and made other decrees that are not relevant to this
appeal. The trial court’s judgment is completely silent on the
issue of alimony; however, the judgment incorporates the trial
court’s oral opinion rendered at the conclusion of the hearing.
The opinion addresses the subject of alimony:
...the Court feels that this is not a proper case for alimony. Both of these parties are young, able to earn income, both are employed. There is some disparity in the income that will be taken care of by twenty- one percent of the net income as child support. That will cut his income down and raise hers some, where they’ll have something near the same income - gross, but the Court does not feel that this is a proper case for alimony, ...
The Court will adopt the figures of the plaintiff as a fair and equitable division. He, in effect, is taking about one eighty in property. She’s taking two fifteen. That’s a substantial difference. I think that can be -- of course, that can always be treated as alimony in solido, but I think that that is enough difference between the two items.
In this non-jury case, our review is de novo upon the
record of the proceedings below; but that record comes to us with
a presumption of correctness that we must honor “unless the
2 preponderance of the evidence is otherwise.” Rule 13(d), T.R.A.P.
On the subject of alimony, it is clear that a trial
court has broad discretion in determining whether and to what
extent an award of alimony is appropriate. See T.C.A. § 36-5-
101(a)(1). See also Loyd v. Loyd, 860 S.W.2d 409, 412 (Tenn.App.
1993). In making an alimony determination, a court should be
guided by T.C.A. § 36-5-101, particularly the provisions of
T.C.A. § 36-5-101(a)(1)(A)-(L). The “real need” of the
requesting spouse “is the single most important factor.”
Cranford v. Cranford, 772 S.W.2d 48, 50 (Tenn.App. 1989). See
also Aaron v. Aaron, 909 S.W.2d 408, 410 (Tenn. 1995). “In
addition to the need of the disadvantaged spouse, the courts most
often consider the ability of the obligor spouse to provide
support.” Cranford, 772 S.W.2d at 50.
The parties were married for 20 years. At the time of
the hearing below, Wife was 40 and Husband was 38. Their union
produced two children -- a son, almost 19, who lives with Husband
and attends vocational school, and another son, age 16, who is a
junior in high school. The minor son lives with Wife.
After finishing high school, Wife began working in
clerical positions. In 1978, however, she ceased working outside
the home in order to concentrate on the rearing of her children
and homemaking.
Husband is vice-president of AJJ Trucking, a contract
trucking company owned by Husband’s father. He has been with
3 that company for his “entire adult life.” He earns a gross wage
of $600 per week. His tax returns reflect gross wages from his
employment of $32,043 in 1993 and $32,072 in 1994.
For the past four and a half years, Wife has also been
employed by AJJ Trucking, where she does clerical work and earns
gross wages of $240 per week.
Wife presented an affidavit reflecting expenditures for
“basic needs” of $1,275 per month.
On this appeal, Wife argues that she is entitled to
periodic alimony in futuro or rehabilitative alimony. Husband
disagrees; he points out that Wife received $215,000 of the
parties’ net assets while he received only $177,000.
At the present time, Wife does not need alimony. She
lives in a house worth $160,000. There is no mortgage debt. She
owns a Volvo and a Ford Explorer, both of which are “free and
clear” of any debt. She also received substantially all of the
parties’ furniture and was awarded an IRA of $17,000; however,
she received no cash or other liquid assets in the divorce.
At the present time, Wife’s gross wages of
approximately $1,040 per month will enable her to meet most of
her needs. She also receives child support of $425, which will
continue until her youngest child turns 18 on August 14, 1998.
4 If Wife were employed by someone other than her former
husband’s family, we would not hesitate to affirm the trial
court’s judgment of no alimony; but the circumstances of this
case are somewhat unique. Wife’s present ability to fund her
living expenses are very much tied to her at-will employment with
her former father-in-law’s business. She has limited formal
education and limited work experience outside of her employment
in the business of Husband’s father.
The record indicates that Wife and Husband are able to
work harmoniously in the business despite their marital discord.
There is no indication that Wife’s former father-in-law is
dissatisfied with her performance or that her job is in jeopardy;
but all of this could change. What cannot change under the
present status of this case is the fact that Wife can never
receive alimony unless there is some provision for same in the
final judgment. See Noble v. Stubblefield, 755 S.W.2d 454, 458
(Tenn.App. 1988); Robinette v. Robinette, 726 S.W.2d 524, 525
(Tenn.App. 1986).
We are faced with two choices in this case: we can
leave the trial court’s judgment as is and hope that Wife’s
employment is not terminated without just cause; or we can
address the subject of alimony now and hopefully make provision
for addressing a need that may arise if Wife’s employment is
terminated for reasons unrelated to her job performance. In
contemplating this choice, we recognize two significant facts in
this case: Wife does not have a present need for alimony, and
Husband does not have a present ability to pay alimony. He has
5 been saddled with substantial debt in this case. While a
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COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE FILED May 20, 1998
TERESA JAN GILES LAWSON, ) C/A NO. 03A01-9709-CH-00406 Jr. Cecil Crowson, ) Appellate C ourt Clerk Plaintiff-Appellant,) ) ) v. ) APPEAL AS OF RIGHT FROM THE ) CLAIBORNE COUNTY CHANCERY COURT ) ) ) STEVEN STUART LAWSON, ) ) HONORABLE BILLY JOE WHITE, Defendant-Appellee. ) CHANCELLOR
For Appellant For Appellee
MICHAEL G. HATMAKER DAVID H. STANIFER Jacksboro, Tennessee Stanifer and Stanifer Tazewell, Tennessee
O P I N IO N
AFFIRMED, AS MODIFIED REMANDED Susano, J.
1 In this divorce case, the appellant, Teresa Jan Giles
Lawson (“Wife”), contends that the trial court abused its
discretion when it failed to grant her request for alimony.
Following a contested hearing, the trial court granted
Wife a divorce from Steven Stuart Lawson (“Husband”), awarded her
custody of the parties’ one remaining minor child, decreed that
Husband pay child support of $425 per month, divided the parties’
property, and made other decrees that are not relevant to this
appeal. The trial court’s judgment is completely silent on the
issue of alimony; however, the judgment incorporates the trial
court’s oral opinion rendered at the conclusion of the hearing.
The opinion addresses the subject of alimony:
...the Court feels that this is not a proper case for alimony. Both of these parties are young, able to earn income, both are employed. There is some disparity in the income that will be taken care of by twenty- one percent of the net income as child support. That will cut his income down and raise hers some, where they’ll have something near the same income - gross, but the Court does not feel that this is a proper case for alimony, ...
The Court will adopt the figures of the plaintiff as a fair and equitable division. He, in effect, is taking about one eighty in property. She’s taking two fifteen. That’s a substantial difference. I think that can be -- of course, that can always be treated as alimony in solido, but I think that that is enough difference between the two items.
In this non-jury case, our review is de novo upon the
record of the proceedings below; but that record comes to us with
a presumption of correctness that we must honor “unless the
2 preponderance of the evidence is otherwise.” Rule 13(d), T.R.A.P.
On the subject of alimony, it is clear that a trial
court has broad discretion in determining whether and to what
extent an award of alimony is appropriate. See T.C.A. § 36-5-
101(a)(1). See also Loyd v. Loyd, 860 S.W.2d 409, 412 (Tenn.App.
1993). In making an alimony determination, a court should be
guided by T.C.A. § 36-5-101, particularly the provisions of
T.C.A. § 36-5-101(a)(1)(A)-(L). The “real need” of the
requesting spouse “is the single most important factor.”
Cranford v. Cranford, 772 S.W.2d 48, 50 (Tenn.App. 1989). See
also Aaron v. Aaron, 909 S.W.2d 408, 410 (Tenn. 1995). “In
addition to the need of the disadvantaged spouse, the courts most
often consider the ability of the obligor spouse to provide
support.” Cranford, 772 S.W.2d at 50.
The parties were married for 20 years. At the time of
the hearing below, Wife was 40 and Husband was 38. Their union
produced two children -- a son, almost 19, who lives with Husband
and attends vocational school, and another son, age 16, who is a
junior in high school. The minor son lives with Wife.
After finishing high school, Wife began working in
clerical positions. In 1978, however, she ceased working outside
the home in order to concentrate on the rearing of her children
and homemaking.
Husband is vice-president of AJJ Trucking, a contract
trucking company owned by Husband’s father. He has been with
3 that company for his “entire adult life.” He earns a gross wage
of $600 per week. His tax returns reflect gross wages from his
employment of $32,043 in 1993 and $32,072 in 1994.
For the past four and a half years, Wife has also been
employed by AJJ Trucking, where she does clerical work and earns
gross wages of $240 per week.
Wife presented an affidavit reflecting expenditures for
“basic needs” of $1,275 per month.
On this appeal, Wife argues that she is entitled to
periodic alimony in futuro or rehabilitative alimony. Husband
disagrees; he points out that Wife received $215,000 of the
parties’ net assets while he received only $177,000.
At the present time, Wife does not need alimony. She
lives in a house worth $160,000. There is no mortgage debt. She
owns a Volvo and a Ford Explorer, both of which are “free and
clear” of any debt. She also received substantially all of the
parties’ furniture and was awarded an IRA of $17,000; however,
she received no cash or other liquid assets in the divorce.
At the present time, Wife’s gross wages of
approximately $1,040 per month will enable her to meet most of
her needs. She also receives child support of $425, which will
continue until her youngest child turns 18 on August 14, 1998.
4 If Wife were employed by someone other than her former
husband’s family, we would not hesitate to affirm the trial
court’s judgment of no alimony; but the circumstances of this
case are somewhat unique. Wife’s present ability to fund her
living expenses are very much tied to her at-will employment with
her former father-in-law’s business. She has limited formal
education and limited work experience outside of her employment
in the business of Husband’s father.
The record indicates that Wife and Husband are able to
work harmoniously in the business despite their marital discord.
There is no indication that Wife’s former father-in-law is
dissatisfied with her performance or that her job is in jeopardy;
but all of this could change. What cannot change under the
present status of this case is the fact that Wife can never
receive alimony unless there is some provision for same in the
final judgment. See Noble v. Stubblefield, 755 S.W.2d 454, 458
(Tenn.App. 1988); Robinette v. Robinette, 726 S.W.2d 524, 525
(Tenn.App. 1986).
We are faced with two choices in this case: we can
leave the trial court’s judgment as is and hope that Wife’s
employment is not terminated without just cause; or we can
address the subject of alimony now and hopefully make provision
for addressing a need that may arise if Wife’s employment is
terminated for reasons unrelated to her job performance. In
contemplating this choice, we recognize two significant facts in
this case: Wife does not have a present need for alimony, and
Husband does not have a present ability to pay alimony. He has
5 been saddled with substantial debt in this case. While a
substantial amount of this debt is owed to his father, both
parties acknowledge that it represents a valid and enforceable
obligation.
We believe that under the unique circumstances of this
case, we must address the issue of alimony. We rely upon the
“other factors” provision found at T.C.A. § 36-5-101(a)(1)(L).
We find and hold that the appropriate way to address this subject
under the unique facts of this case is to reserve the issue of
alimony in the final judgment. There is authority for such an
approach in our appellate decisions. In the Robinette case, this
court approved the proposition that “courts are empowered to
reserve the issue of alimony when proper at the time of granting
an absolute divorce.” Id., 726 S.W.2d at 525.
The judgment of the trial court is modified to reserve
the question of periodic alimony in futuro or rehabilitative
alimony for a future determination, in the event future
circumstances warrant that the issue of alimony be revisited.
This case is remanded to the trial court for the entry of an
order providing that the issue of alimony is reserved in this
case. Costs on appeal are taxed to the appellee.
__________________________ Charles D. Susano, Jr., J.
CONCUR:
______________________ Herschel P. Franks, J.
6 ______________________ Don T. McMurray, J.