Melinda Long v. Lionel Long, 2015 Tenn. App. LEXIS 993 (Tenn. Ct. App.)
Dec 29, 2015OUTCOME: Reversed in part, Vacated in part and Remanded
Our office represented the Appellant/Ex-Husband in a petition to modify alimony, custody and child support. Appellant received temporary custody of the child at a temporary hearing and this issue was ... not contested at trial. The trial court terminated Appellant's alimony retroactive to the date of filing the Petition. The child support was modified retroactively to the date Appellant received temporary custody and Appellee/Ex-Wife was ordered to pay child support. The trial court then ordered Ex-Husband to pay directly to Ex-Wife thirty (30) percent of his disposable military retired pay under a calculation determined by the court which differed from the definition set forth in the parties' Final Decree. Appellant/Ex-Husband appealed the trial court's decision asserting the issue of retired military retired pay was not an issue before the court and that the trial court erred in ordering Appellant to pay a portion of his military retired pay to his Ex-Wife as calculated by the trial court. The Court of Appeals agreed the issue of Appellant's military retired pay was outside the scope of the requested relief. The Court of Appeals reversed the trial court's judgment with respect to Wife's thirty percent of Husband's retired military income because it was outside the scope of the requested relief. The Court of Appeals vacated the trial court's ruling with regard to the calculation of disposable military retired pay, and vacated the trial court's judgment for arrears for disposable military retired pay. The court costs for appeal were assessed to the Appellee.
