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Husband Transfers $262K to Sister Should Pay Alimony

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Tennessee case abstract on divorce.

Rania Anwar Al Qaisi v. Diab Mahmoud Alia

The husband on this Davidson County, Tennessee, case was born and raised in Kuwait and had a level in mechanical engineering.  After changing into a U.S. citizen, he attended a commerce college to develop into a licensed mechanic.  On the age of 42, he married in Jordan, when the spouse was 27 years previous.  She had labored as an inside designer in Jordan, however didn’t work in the US.  That they had a daughter in 2015.

The husband operated a enterprise shopping for and promoting automobiles, however the enterprise proved to be unprofitable.  When he was provided a job as supervisor of a cellphone firm retailer, the couple moved to North Carolina.  The wedding stored deteriorating, and in 2018, the husband was transferred to Nashville.  After a home dispute, the spouse went to the police and obtained an order of safety, and the husband was arrested.  Shortly thereafter, the spouse filed for divorce.

Whereas the case was pending, the spouse filed a movement for contempt, alleging that the husband had transferred $262,000 to a international account.  The husband was present in contempt, however for the reason that sister to whom he transferred the cash refused to return it, there was no manner for the husband to purge the contempt.

A trial was held, and in early 2020, the courtroom entered its remaining decree.  The trial decide discovered that the husband was “susceptible to excessive exaggerations” and was not a reputable witness.

After checking out the testimony, the trial courtroom named the spouse as the first residential dad or mum and gave her 246 days of parenting time, with the husband having 119 days.

The spouse was making about $2150 monthly at a restaurant and driving for Uber.  The husband claimed to be making $300 per week, however the trial courtroom discovered that the husband introduced inadequate proof of his earnings, lots of which have been money.  The courtroom discovered him to be voluntarily underemployed and pegged his earnings at over $37,000.  It subsequently set his youngster help obligation at $488 monthly.

The trial courtroom took the $262,000 switch into consideration when making the property settlement and alimony awards.  The alimony award was set at $1,070 monthly, and the spouse was awarded lawyer charges.  The husband then appealed to the Tennessee Courtroom of Appeals.

The appeals courtroom first regarded on the imputed earnings of the husband and agreed that the trial courtroom had taken the right method.   It agreed with the decrease courtroom that the husband had not correctly documented his earnings and that he was voluntarily underemployed.  In distinction, it regarded on the spouse’s earnings in a restaurant, as an Uber driver, and as a supply driver for Amazon.

The husband argued that the alimony quantity had been set too excessive, however as soon as once more, the appeals courtroom agreed with the decrease courtroom.  The husband introduced a chart of his bills to the appeals courtroom, however the courtroom famous that these quantities weren’t correctly within the trial report.  The appeals courtroom referred to as this a “belated try and piece collectively proof that he ought to have confirmed at trial” and rejected it.  After reviewing the proof, the courtroom affirmed the alimony award.

Lastly, the courtroom regarded on the parenting time and agreed that the decrease courtroom had acted appropriately.

For these causes, the Courtroom of Appeals affirmed, and taxed the prices of attraction towards the husband.

No. M2020-00390-COA-R3-CV (Tenn. Ct. App. Jan. 28,  2021).

See unique opinion for actual language.  Authorized citations omitted.

To be taught extra, see Property Division in Tennessee Divorce.