Assigned on Briefs February 2, 2018
from the Chancery Court for Rutherford County No. 16CV-802 J.
Mark Rogers, Judge 
appeal arises from a divorce. Wafa Badawi Hindiyeh
("Wife") sued Waleed Fawzi Abed
("Husband") for divorce in the Chancery Court for
Rutherford County ("the Trial Court"). After a
trial, the Trial Court, inter alia, granted Wife a
divorce, entered a permanent parenting plan with respect to
the parties' minor son ("the Child") awarding
Wife 285 days to Husband's 80, and awarded Wife a
judgment for the value of a Cadillac less $2, 500 Wife
received on the sale of her original vehicle for a total
judgment of $13, 400. Husband appeals to this Court, arguing,
among other things, that the Trial Court found no statutory
factors applicable to justify such a paltry award of
parenting time to him and that the Cadillac at issue was not
even marital property subject to division. We vacate the
Trial Court's judgment with respect to the residential
parenting schedule and remand for the Trial Court to award
Husband significantly more time with the Child. Finding that
the Cadillac was not marital property, we modify the Trial
Court's award of $13, 400 to Wife to $2, 000 to account
for only the sale of Wife's original vehicle. We
otherwise affirm the Trial Court. We, therefore, affirm as
modified, in part, and vacate, in part, the judgment of the
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed as Modified, in Part, and Vacated, in Part;
Charles G. Ward, Murfreesboro, Tennessee, for the appellant,
Waleed Fawzi Abed.
W. Henderson, Murfreesboro, Tennessee, for the appellee, Wafa
Michael Swiney, C.J., delivered the opinion of the court, in
which W. Neal McBrayer and Arnold B. Goldin, JJ., joined.
MICHAEL SWINEY, CHIEF JUDGE.
and Wife were married in October 2013. Husband was age 26 at
trial and is originally from Kuwait. Wife, age 23 at trial,
hails from Jordan. The Child was born in December of 2015.
The parties lived in Smyrna, Tennessee during the marriage.
works for Nissan in the Quality Control Department. Wife did
not work during the marriage but was a full-time student at
Middle Tennessee State University. Wife went on to earn her
Master's Degree in Accounting. Wife now works as an
accountant for HCA in Nashville. The parties purchased a
house in Smyrna. Husband's father and uncle own a body
shop and contributed significant sums to Husband for the
couple to live on during the marriage, including $47, 000 for
a down payment on their home. These contributions are a point
of contention on appeal.
entered the marriage owning a 2004 Mercedes. Husband later
sold the Mercedes for $4, 500, giving Wife $2, 500 to use
toward her tuition. When Wife graduated from MTSU, Husband
presented Wife with a Cadillac featuring a large bow on top.
However, the car was not titled in Husband's name but
rather originated with Husband's father's business.
When the parties separated, Husband's father repossessed
the Cadillac. The Cadillac later was put up for sale at the
price of $15, 900.
April 2016, the parties separated. Wife filed for divorce in
May 2016. Wife and the Child went to live with Wife's
mother. Wife pays her mother $400 a month to watch the Child.
After a Pendent Lite hearing in July 2016, Husband was
awarded visitation every other weekend from Saturday at 11:00
a.m. until 4:00 p.m. and Sunday from 11:00 a.m. until 5:00
case was tried in December of 2016. Wife's mother, Tahani
Quwaider, testified concerning Husband's behavior toward
Q. All right. How long have you known Waleed Abed?
A. (Through interpreter) Since -- since they engage, almost
Q. All right. Do you know of an occasion while they were
married that you had to get your daughter in her pajamas
because she had been thrown out of the house of Waleed Abed
A. (Through interpreter) Yes. He kicked her out of house and
he took -- took the wallet, the key -- her keys and left her
Q. And what?
A. (The interpreter) Left her without anything, without any
Q. Was she punished many times for associating with
A. (Through interpreter) All the time, punished. All the
Q. What punishments did she know of?
A. (Through interpreter) Beating her up, threatening her,
threw her away from home, and threatening by divorce.
Q. All over just hanging around Americans?
A. (Through interpreter) Yes. And preventing her from go out
or if she liked to go to park with her son, is not allowed.
Everything is forbidden or not allowed.
Wife's mother testified further, this time regarding her
babysitting the Child:
Q. So she gave some -- I have some documents. So your
daughter writes you a check to babysit her grandson -- her
A. (Through interpreter) Yes. Checks, yes.
Q. So she charges her own daughter to watch her grandson?
A. (Through interpreter) She try to help her.
Q. So she doesn't give her -- pay her to watch her
A. (Through interpreter) Yes, to take care of the child and
be aware of the child.
Q. And her -- does her daughter live in her house with her?
A. (Through interpreter) Yes, in the same house.
Q. Does she -- if her -- if her daughter doesn't pay her,
is she going to throw her grandson out?
A. (Through interpreter) No, she's going to put him in
his eyes and in her heart.
Q. So if she puts her in -- she puts her grandson in her eyes
and her heart, why does she charge her daughter $500 to watch
her own grandson?
A. (Through interpreter) She saying it's better than
babysit, you are going to take care of the child instead of
to pay the babysit. You are -- you will be better than
anybody else. You are going to be taking care of the child.
Q. So if the father watches the child and he doesn't
charge anything, it saves her daughter money, does it not?
A. (Through interpreter) She cannot trust in him because he
tried to promise many things and she doesn't believe
Q. How much does she charge a week to watch her own grandson?
A. (Through interpreter) Totally, per month, $400 a month.
Q. Does she charge her own daughter to stay in her house?
A. (Through interpreter) Yes, she pay $500.
Q. Does she charge her own daughter for electric, water, gas,
A. (Through interpreter) Yes. She helps. Last month she
helped, this month she helped. She help always.
Q. Even if she doesn't get paid any money, is she going
to continue to watch her grandson?
A. (Through interpreter) Yes.
Q. Ask her if she'll do it for free. Would she do that
for free, watch her grandson?
A. (Through interpreter) She would put him in his eyes, but
he has to manage that and to give this is -- he has to pay
Q. Who is he?
A. (The interpreter) The son-in-law.
Q. My question is, will she watch her grandson for free? Is
that yes or no, and then she can explain.
A. (Through interpreter) Yes.
Wife testified as follows concerning the parties'
finances during the marriage:
Q. And when you two purchased this home, you put $45, 000
down; is that correct?
A. Yes, ma'am.
Q. The $45, 000 came from where?
A. I put $2, 000 and he put the rest. He would -- his work
from Nissan, and then he would sell -- buy and sell cars with
his father. That's how he collected all that money.
Q. So that money actually came out of his checking account?
Q. All right. Now, you -- 2014, 2015, 2016 -- first off, I
will show this to your husband. All of his checking accounts
show -- statements where these -- there's money from cars
being, whatever you call it, sold.
Q. Flipped, so to speak.
Q. And you guys have used that money for the whole time you
A. Uh-huh. That's correct.
Q. That was normal?
Q. So this Cadillac -- well, let me back up. When you married
him, did you own a car?
A. I did. Yeah, I had my own car.
Q. And what was it?
A. I had a 2004 Mercedes.
Q. And what did you do with the 2004 Mercedes?
A. He sold it later.
Q. Your husband sold ...