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Cardle v. Cardle

Court of Appeals of Tennessee, Nashville

May 17, 2017

JAMIE KAY CARDLE
v.
DANIEL MARCUM CARDLE

          Session April 12, 2017

         Appeal from the Chancery Court for Sumner County No. 2014-DM-450 Louis W. Oliver, Chancellor.

         Wife filed a complaint for divorce following a fifteen-year marriage. The trial court granted Wife a divorce, distributed the marital estate, and awarded Wife alimony. The trial court granted Husband's request to pay the alimony in solido award over a period of six years, with post-judgment interest payable at 10% interest per annum. Husband appeals the division of some of the marital assets and debts, the award of alimony in solido, and the post-judgment interest award. We affirm the trial court's division of the marital estate and the award of alimony in solido, but we modify the post-judgment interest rate from 10% to 5.50% to conform with the interest on judgments statute, Tenn. Code Ann. § 47-14-121.

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

          Daniel Cardle, Gallatin, Tennessee, Pro Se.

          Patti B. Garner, Gallatin, Tennessee, for the appellee, Jamie Kay Cardle.

          Andy D. Bennett, J., delivered the opinion of the Court, in which Frank G. Clement, Jr., P.J., M.S., and W. Neal McBrayer, J., joined.

          OPINION

          ANDY D. BENNETT, JUDGE

         I. Background

         Jamie Kay Cardle ("Wife") and Daniel Marcum Cardle ("Husband") were married for fifteen years when Wife filed a complaint seeking a divorce in December 2014. Husband filed an answer and counterclaim seeking a divorce as well. The parties have two children who are not at issue in this appeal. The trial court awarded Wife a divorce in March 2016. The court distributed the marital property and debts between the parties and awarded Wife transitional alimony, rehabilitative alimony, and alimony in solido. The trial court granted Husband's request to pay the alimony in solido in seventy-two equal installments, but noted that the judgment would "carry the standard 10% interest for judgments." Husband claims the trial court erred in its distribution of equity in the marital home, in its award of marital debt to Husband, and in its award of alimony in solido to Wife, including the award of post-judgment interest. Wife argues the trial court should have required Husband to pay the alimony in solido award in one lump sum rather than over time. Wife also seeks an award of her attorney's fees on appeal.

         The record includes a transcript of the court's ruling following the trial, but it does not include a transcript of the trial itself. Husband submitted a statement of evidence in accordance with Tennessee Rule of Appellate Procedure 24(c), to which the trial court made "corrections/modifications." Husband's statement of evidence summarizes the testimony of Wife and Husband separately and includes the following relevant provisions:

Wife, Jamie Kay Cardle testified to:
. . . .
2. The appraised value of the marital home being $300, 000
3. Receiving pre approval to refinance the marital home through Movement Mortgage
. . . .
7. Distributions from Mr. Cardle's IRA [individual retirement account] were used to pay household expenses in 2014 and 2015.
8. A $10, 000.00 IRA distribution in 2009 from Mr. Cardle's IRA was used to pay closing cost for the purchase of the marital home.
9. Receiving a $10, 000.00 car accident settlement in 2009
10.$10, 000 deposited back to Mr. Cardle's IRA in 2009
11. Having gross monthly income of $2, 087 per month
12. Having total monthly expense of $3, 043 per month
13. Receiving an hourly wage of $10 per hour at Tots Preschool
14. Reducing her work hours at Tots Preschool in 2015
15. Not receiving a wage increase in 3 years
16. Tots Preschool closing at least 6 weeks a year
17. Starting work with Safe Harbor in 2015
18. Receiving an hourly wage of $12 per hour at Safe Harbor
19. Holding a Cosmetology License . . . .
21. Receiving financial assistance from [parents] James and Linda Montgomery
22. Selling her vehicle to James and Linda Montgomery
23. Receiving daily use of vehicle sold to James and Linda Montgomery
24. James and Linda Montgomery paying her attorney fees Husband, Daniel Marcum Cardle testified to:
1. Purchase of the marital home at 1031 Addington Rd, Hendersonville, TN 37075 with Jamie Cardle in 2009
2. Making a $10, 000.00 premature distribution from his IRA in 2009 to pay for marital home closing costs
3. Informing Mrs. Cardle of his IRA distribution in 2009
4. Mrs. Cardle agreeing to refund Mr. Cardle's [IRA] with a negotiated $10, 000.00 insurance settlement received in 2009 in order to avoid taxes on Mr. Cardle's premature IRA distribution
5. Additional premature distribution[s] from Mr. Cardle's IRA were made in 2012, 2013, and ...

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