Tennessee Court of Appeals
2005 WL 94366 (Tenn. Ct. App. Aug. 22, 2005)
Michael Martindale (plaintiff) and Margo Martindale (defendant) were married with four children. When the children were born, Margo became a full-time, stay-at-home mother. The Martindales divorced. Margo was awarded legal and physical custody of the children. Michael agreed to pay Margo $5,000 per month as rehabilitative alimony for a period of seven years. Before the alimony payments were scheduled to end, Margo filed a motion to extend the payments beyond the seven-year term. Two of the Martindale children had developed learning disabilities since the divorce. Margo asserted that the time and attention she needed to devote to those children increased every year. Since the divorce, Margo had obtained a part-time job working at a medical clinic and had been recertified to be a teacher. However, Margo testified that the children’s needs prevented her from obtaining a full-time job. The trial court ordered the $5,000 rehabilitative-alimony payments to continue until the youngest child graduated from high school. Michael appealed.
Rule of Law
Holding and Reasoning (Kirby, J.)
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