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Posted by: Landry Butler on Feb 15, 2018

Head Comment: With dissenting opinion by SUSANO

Court: TN Court of Appeals

Attorneys 1:

Keith A. Hopson, Kingsport, Tennessee, for the appellant, Stacy Lynn Santee.

Attorneys 2:

Andrew N. Wilson, Sevierville, Tennessee, for the appellee, Robert Harvey Santee.

Judge(s): SWINEY

This appeal concerns divorce and child support matters. Robert Harvey Santee (“Husband”) sued wife Stacy Lynn Santee (“Wife”) for divorce in the Chancery Court for Sevier County (“the Trial Court”). After a trial, the Trial Court awarded Husband a divorce based upon Wife’s inappropriate marital conduct. The Trial Court divided the marital estate, awarded Wife rehabilitative alimony, and imputed income to her for child support purposes. Wife appealed to this Court, arguing that, among other things, as a stay-at-home mother in a long-term marriage, rehabilitative alimony is insufficient. Husband argues in response that he has longstanding plans to retire. We find that the Trial Court erred in imputing income to Wife for two years of child support purposes when the Trial Court also found that Wife was capable of going to school for those two years to improve her financial situation and awarded rehabilitative alimony for Wife to do exactly that. Otherwise, we affirm the judgment of the Trial Court.