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Rodriguez v. Rodriguez

Court of Appeals of Tennessee, Nashville

October 30, 2014

CESAR O. RODRIGUEZ
v.
AMANDA LILY RODRIGUEZ

Assigned on Briefs September 17, 2014

Appeal from the Circuit Court for Montgomery County No. MCCCCVDV121661 Ross H. Hicks, Judge

Peter M. Napolitano and Wayne Hibbeler, Clarksville, Tennessee, for the appellant, Cesar O. Rodriguez.

No appellee brief filed.

Andy D. Bennett, J., delivered the opinion of the court, in which Richard H. Dinkins, and W. Neal McBrayer, JJ., joined.

OPINION

ANDY D. BENNETT, JUDGE

Cesar O. Rodriguez ("Father") and Amanda Lily Rodriguez ("Mother") were married in February 2004 and have two children who were born in 2005 and 2006. The parties separated in June 2012, and Father filed a complaint for divorce the following month, on July 10, 2012. The trial court held a hearing on Father's complaint on July 15, 2013, and issued a final decree of divorce on August 26, 2013. The court divided the marital property between the parties and incorporated a permanent parenting plan into the divorce decree.

The trial court designated Father the primary residential parent. He was awarded 238 days per year with the children, and Mother was awarded 127 days with the children. The court ordered Father to pay Mother $113 per month in child support based on the calculations in the child support worksheet attached to the parenting plan.

In dividing the marital assets, the court awarded Mother a portion of Father's retirement benefits. Father was employed as a soldier with the United States Army beginning in November 2000, and the court awarded Mother one-half of the portion that Father earned during their marriage. The court wrote:

Should the Husband become eligible to receive military retired pay for the U.S. Army, the Wife is awarded 36% of the disposable military retired pay the Husband/service-member would have received had the member retired with a retired pay base of E-6 with 11 years of creditable service. This percentage is calculated by multiplying 0.5 by the product of the number of months that the parties were married and together while the Husband was in the U.S. Army (100 months) divided by the Husband's total months of creditable service at the time of the parties' separation (139 months). If this award requires future clarification, its purpose is to credit the Wife only with a percentage of the military retired pay benefits the Husband/service-member has accrued since the parties were married and through their separation. Its purpose is further to prevent the Wife from receiving any credit for any increases to the Husband/service-member's military retired pay resulting from his additional creditable service beyond the date the parties separated.

Father filed a motion to alter the divorce decree on the basis that it contained errors and was inconsistent with the court's oral ruling that was issued from the bench following the hearing on July 15. The trial court denied the motion "[u]pon reviewing the entire record and hearing argument of counsel for the parties."

Father appealed from the trial court's denial of his motion to alter the divorce decree.

Father contends the court erred in the following ways: (1) calculating the number of days the children will spend with each parent; (2) ordering Father to pay Mother child support; and (3) ...


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