THOMAS JOSEPH SALVUCCI v. RHONDA JOAN CORRENTI SALVUCCI - Articles

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Posted by: Tanja Trezise on Aug 26, 2014

Court: TN Court of Appeals

Attorneys 1:

Donald Capparella and Elizabeth Sitgreaves, Nashville, Tennessee, for Defendant/Appellant Thomas Joseph Salvucci.

Attorneys 2:

Mary Jo Middlebrooks, Jackson, Tennessee, for Plaintiff/Appellee Rhonda Joan Correnti Salvucci.

Judge(s): KIRBY

This divorce appeal challenges both the original award of alimony and a subsequent increase. The trial court awarded the wife alimony in futuro. The husband filed a timely Rule 59.04 motion to alter or amend the divorce decree. Months after entry of the divorce decree, but prior to the entry of an order on the husband’s motion to alter or amend, the wife filed a motion to increase the alimony awarded in the divorce decree to account for the wife’s tax liability from the alimony. The trial court granted the wife’s motion and increased the alimony. The husband now appeals, challenging the amount and nature of the original alimony award as well as the subsequent increase in the amount of the alimony. We find no error in the award of alimony in futuro in the divorce decree, but hold that the trial court erred in granting the wife’s motion to increase the alimony.

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