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Howell v. Howell7/31/2000
In this post-divorce case, Talisa Gayle Kelly, formerly Howell, ("Wife") filed a petition seeking to increase child support and to enforce other provisions of the judgment of divorce. The trial court ordered Gary Morris Howell ("Husband") to pay Wife the balance due her for her interest in the former marital residence. It further found Husband in contempt for failing to maintain a life insurance policy for the benefit of the parties' minor child and ordered him to pay Wife an amount approximating what he would have paid in insurance premiums had he maintained the policy as required by the divorce judgment. Wife was also awarded half of her attorney's fees. We reverse the trial court's award of the unpaid premiums; in all other respects, the judgment of the trial court is affirmed.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Reversed in Part; Affirmed in Part; Case Remanded
Charles D. Susano, Jr., J., delivered the opinion of the court, in which Herschel P. Franks and D. Michael Swiney, JJ., joined.
OPINION
On this appeal, Husband raises three issues for our consideration:
1. Did the trial court err in holding that the divorce judgment obligated Husband to reimburse Wife for taxes paid and in ruling that the $5,000 paid by Husband to Wife was for those taxes rather than for Wife's interest in the marital home?
2. Did the trial court err in holding Husband in willful contempt concerning the insurance policy and granting judgment to Wife for the amount of the unpaid premiums?
3. Did the trial court err in ordering Husband to pay half of Wife's attorney's fees?
I. Facts
On May 24, 1993, Wife filed her complaint for divorce. That same day, the parties' marriage was dissolved by the entry of a final judgment of divorce. Both the complaint and the judgment were drafted by Husband, who is a licensed attorney, after consultation with Wife. The judgment embodies the parties' agreement on all matters at issue. Pursuant to the parties' agreement, Wife received custody of the parties' then-minor child, Ashley Scott Howell (DOB: March 19, 1981), and Husband was obligated to pay child support. The other provisions of the judgment that are pertinent to this appeal are as follows:
That [Husband] shall be awarded the marital home. The parties agree that the property is to be appraised by Paul Boehms. [Husband] will pay to [Wife] one-half of the amount by which the appraisal exceeds Seventy-Nine Thousand Dollars ($79,000.00).
That [Husband] shall maintain his present life insurance coverage with Life [Insurance Company] of Georgia, and [Wife] shall remain beneficiary as Trustee for the minor child, until said child turns eighteen (18) years of age, or twenty-two (22) if a full-time student.
That [Husband] shall pay all income taxes owed by the parties for the years 1991 and 1992 and hold [Wife] harmless therefrom. (Emphasis added).
Wife filed the subject petition in June, 1996, alleging, inter alia, that Husband had failed to pay her for her interest in the marital residence and had failed to pay all of the taxes owed for the years 1991 and 1992. The evidence presented at trial established the following facts regarding these allegations. Prior to the divorce, each of the parties was awarded damages arising out of the personal injuries sustained by Wife in an automobile accident. Wife was awarded $70,000 for her injuries, and Husband was awarded $5,000 for loss of consortium. In April 1993, the Internal Revenue Service seized Husband's $5,000 award and $27,005.46 of Wife's award for back taxes owed by the parties for the years
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