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Posted by: Suzanne Craig Robertson on Aug 7, 2012

Court: TN Court of Appeals

Attorneys 1:

Helen Sfikas Rogers and Siew-Ling Shea, Nashville, Tennessee, for the appellant, Michael Thomas Dodd.

Attorneys 2:

Timothy T. Ishii and Phillip R. Robinson, Nashville, Tennessee, for the appellee, Deanna Lynne Dodd.

Judge(s): CLEMENT

In this post-divorce proceeding, the mother of the parties’ only minor child filed two motions to alter or amend the divorce decree in order to clarify the parties’ obligations under the marital dissolution agreement regarding their 2009 income tax returns, and two petitions for civil contempt. The contempt petitions alleged that the father failed to make timely child support payments and failed to reimburse the mother for mortgage payments, medical expenses, and school-related expenses for the parties’ child. The trial court denied the motions to alter or amend, finding that the amendment sought by the mother was unnecessary and that the father breached the tax provision of the MDA as written. The court also denied the petitions for civil contempt, finding that the father purged himself of the contempt prior to hearing on the petitions. The court ordered the father to pay the mother $10,302.36 plus post-judgment interest for the tax liability she incurred due to the father’s refusal to file a joint tax return and $3,500 for the attorney’s fees the mother incurred in filing the petitions for contempt. We affirm.