Lynda Diane Schmidt v. Glenn Vern Schmidt ( 1996 )

IN THE COURT OF APPEALS OF TENNESSEE
EASTERN SECTION AT KNOXVILLE
FILED
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March 5, 1996
LYNDA DIANE SCHMIDT, )
Cecil Crowson, Jr.
) BRADLEY CIRCUIT C ourt Clerk
Appellate
Plaintiff/Appellant )
) No. 03A01-9510-CV-00359
v. )
)
GLENN VERN SCHMIDT, )
) MODIFIED
Defendants/Appellee )
Selma Cash Paty, Chattanooga, For the Appellant
Barrett T. Painter, Cleveland, For the Appellee
OPINION
INMAN, Senior Judge
The trial court awarded the plaintiff rehabilitative alimony of $1,000.00
monthly for 24 months. The plaintiff appeals, insisting that the award is (1)
inadequate to her needs and (2) should have been in futuro. No other issue is
presented.
I
We review the case de novo with the presumption that the judgment is
correct unless the evidence preponderates against it. TENN. R. APP. P. 13(d);
Duncan v. Duncan, 686 S.W.2d 568, 571 (Tenn. App. 1985).
Rehabilitative alimony is a separate class of spousal support, as
distinguished from periodic, or in futuro, alimony, and where there is such relative
economic disadvantage that rehabilitation is not feasible in consideration of all the
relevant factors, the court is authorized to order support and maintenance on a long-
term basis. TENN. CODE ANN . § 36-5-101(d)(1). A host of factors are required to be
considered in making the award, including the ages of the parties, duration of the
marriage, physical and mental condition, relative earning capacity, needs and the
ability to pay. Self v. Self, 861 S.W.2d 360, 361 (Tenn. 1993).
II
The parties were married in 1969, in London. The appellant was 23 years
old, as we deduce; the record does not reveal the age of the appellee. They have
two children, both of age.
The appellant completed her schooling at age 15. She worked as a
hairdresser before marriage and has no significant job skills. She is training as a
masseuse.
She and her husband resided in England for six weeks before moving to the
United States. During the next quarter century, they resided in various cities in this
country, in Holland and in South Africa, where the appellee followed his engineering
profession. The appellant says that she suffers from depression, but offered limited
proof of the fact. She has been treated at various facilities for several years and
says that on occasion she is emotionally drained. The appellee readily agreed that
his wife was ill, had required treatment in the past and would likely continue to
require treatment.
The appellant has no income presently. A reasonable living standard--less
than the marital one--requires funds of about $2,000.00 monthly. The appellee's
income as a project engineer for the Olin Corporation is between $90,000.00 and
$100,000.00 yearly. Taking into consideration, on the one hand, the age of the
appellant, the duration of the marriage, her mental condition, limited earning
capacity and her needs and, on the other hand, the earning capacity and income of
the appellee, we think the alimony award should be increased to $1500.00, and
awarded as periodic, rather than as rehabilitative. The judgment will be amended
accordingly.
As modified, the judgment is affirmed, with costs assessed to the appellee.
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William H. Inman, Senior Judge
Concur:
Herschel P. Franks, Judge
Charles D. Susano, Jr., Judge
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