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Zarecor v. Zarecor

Court of Appeals of Tennessee, Jackson

July 9, 2015

STEPHANIE BRUMMETT ZARECOR
v.
GLENN PAYNE ZARECOR, SR.

Session June 9, 2015.

Direct Appeal from the Chancery Court for Tipton County No. 30181 Martha B. Brasfield, Chancellor

Jason Robert Creasy, Dyersburg, Tennessee, for the appellant, Glenn Payne Zarecor, Sr.

David Meux Livingston, Brownsville, Tennessee, for the appellee, Stephanie Brummett Zarecor.

Brandon O. Gibson, J., delivered the opinion of the court, in which J. Steven Stafford, P.J., W.S., and Arnold B. Goldin, J., joined.

MEMORANDUM OPINION [1]

BRANDON O. GIBSON, JUDGE.

I. Background

Glenn Payne Zarecor, Sr. ("Husband") and Stephanie Brummett Zarecor ("Wife") were married on November 21, 2001. The parties were married for ten years and six months before they separated in May 2012. Together they had one son, who was born in 2003. When the parties married, they were both working for the United States Department of Agriculture ("USDA"), but, in October 2002, Wife quit her job because Husband and Wife agreed that she would stay home with the parties' minor child. Husband has a four-year college degree and makes roughly $90, 000 per year working for the USDA. However, during their marriage, Husband and Wife undeniably lived well above their means. They accumulated a significant amount of credit card debt and refinanced the marital residence because their spending exceeded the marital income.

Wife filed for divorce in November 2012. During the pendency of the divorce, Wife began seeking full-time employment by applying for numerous jobs. At that time, she was 51 years old. She had a two-year degree from a business college and some clerical skills, but she was essentially out of the work force for about 10 years. She was initially only able to find part-time work, but at the time of trial, she was in a full-time position with the Carl Perkins Child Abuse Center earning approximately $18, 000 per year.

Before the matter went to trial, many of the disputed issues, such as the primary residence for the minor child, visitation, and division of personal property, were settled in mediation. On March 12, 2014, the Chancery Court for Tipton County issued an oral ruling after a two-day trial and declared the parties divorced. The court entered an Order of Absolute Divorce and a Permanent Parenting Plan Order on July 15, 2014.

Concerning the marital debt, the court ordered the parties solely responsible for the debts in their own names. At the time of trial, the marital debt equaled $76, 936.81, with $36, 302.63 in Wife's name and $40, 634.18 in Husband's name. The court also addressed the division of Husband's Thrift Savings Plan ("TSP"). At the time of the parties' marriage, the principal balance was $94, 314.59, which the court noted was Husband's separate property. The marital portion of the TSP totaled $296, 722.50 as of November 2013, and the court ordered that the marital portion be divided equally. The court also found that Wife was entitled to a portion of Husband's additional retirement funds in the Federal Employees Retirement System. The court determined the present value of the marital portion of the retirement fund due to Wife to be $30, 903.31, which was to be taken from Husband's portion of the TSP.

In addition, the court awarded Wife $10, 000 as alimony in solido to be taken out of Husband's portion of the TSP. Regarding child support, the court ordered Husband to pay Wife $927 per month and an additional $50 per month toward his child support arrearage balance of $852 until that amount had been paid in full. Finally, the court awarded Wife transitional alimony of $1, 000 per month for three years and, thereafter, $650 per month for four years. Additionally, because he was $2, 000 in arrears on alimony, Husband was also required to pay an additional $500 per month until the arrearage was paid in full.

The trial court did not make further written findings related to the alimony ...


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