Assigned on Briefs July 3, 2017
from the Circuit Court for Campbell County No. 15795 John D.
case involves a post-divorce motion for contempt. In her
motion, Appellant/Wife averred that Appellee/Husband was in
violation of the final decree of divorce. The trial court did
not find Appellee in contempt, but entered an order enforcing
its final decree of divorce regarding sale of the marital
residence, Appellant's access to the marital residence,
and division of Appellee's 401-K. The trial court also
declined to award Appellant half of Appellee's 2015 tax
return. Because the trial court's order, on the motion
for contempt, appears to deviate from its previous order
regarding division of Appellee's 401-K, we reverse this
portion of the trial court's order. The order is
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Reversed in Part, Affirmed in Part, and Remanded
Stephen H. Byrd, Knoxville, Tennessee, for the appellant
Roshawnda Lynn Foster Portice. Timothy Alan Portice,
Caryville, Tennessee, pro se.
Armstrong, J., delivered the opinion of the court, in which
Charles D. Susano, Jr., and W. Neal McBrayer, JJ., joined.
March 17, 2016, Appellant Roshawnda Lynn Foster Portice
("Wife") and Appellee Timothy Alan Portice
("Husband") were divorced by final decree of the
Circuit Court for Campbell County. As is relevant to this
appeal, the final decree of divorce states:
7. That the marital home and adjoining property will be sold
and the equity equally divided by the parties. The home will
be immediately placed on the market for sale with a Relator
agreed upon by the parties at a sale price suggested by the
Realtor. The asking price may be modified as suggested by the
Realtor. The Husband will continue to reside in the home and
be responsible for the mortgage payments on the home, until
it is sold. The Husband will, additionally, make necessary
repairs as recommended by the realtor to make the home
marketable. . . .
9. That Wife shall receive one half (1/2) of the
Husband's retirement existing at the time of the divorce.
. . . The Husband shall provide the Wife the information
necessary to prepare a Qualified Domestic Relations Order to
transfer funds into Wife's name. The Wife's attorney
shall be responsible for preparation of the QDRO.
addition to the foregoing provisions, the final decree
divided certain marital property and ordered Husband to pay
Wife transitional alimony of $1, 000 per month for 24 months.
6, 2016, Wife filed a motion for contempt, alleging that
Husband was in violation of the final decree of divorce.
Specifically, Wife averred that:
2. [Husband] was to begin repairs on the marital home in
preparation for sale immediately. . . . A realtor must be
agreed upon between the parties. [Husband] has not cooperated
in making the repairs or even in discussing potential
candidates as a realtor. Months have passed since the
Judgment and the immediacy requirement has certainly not been
met at this juncture. . . .
3. [Wife] has attempted many times to schedule with the
[Husband] to obtain various items located at the marital home
that she was awarded in the Final Judgment of Divorce ...