Session April 12, 2017
from the Chancery Court for Sumner County No. 2014-DM-450
Louis W. Oliver, Chancellor.
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. §
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Modified in Part and Remanded.
Cardle, Gallatin, Tennessee, Pro Se.
B. Garner, Gallatin, Tennessee, for the appellee, Jamie Kay
D. Bennett, J., delivered the opinion of the Court, in which
Frank G. Clement, Jr., P.J., M.S., and W. Neal McBrayer, J.,
D. BENNETT, JUDGE
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.
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
statement of evidence summarizes the testimony of Wife and
Husband separately and includes the following relevant
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
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
22. Selling her vehicle to James and Linda Montgomery
23. Receiving daily use of vehicle sold to James and Linda
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
5. Additional premature distribution[s] from Mr. Cardle's
IRA were made in 2012, 2013, and ...