JOHNNY CURTIS SHEPPARD v. KYLA YVETTE SHEPPARD
CourtCourt of Appeals of Tennessee
Date FiledJune 26, 2026
DocketE2025-00899-COA-R3-CV
JudgeJudge Kristi M. Davis
StatusPublished
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Full Opinion
06/26/2026
IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
Assigned on Briefs March 5, 2026
JOHNNY CURTIS SHEPPARD v. KYLA YVETTE SHEPPARD
Appeal from the Circuit Court for Jefferson County
No. 26645-II James L. Gass, Judge
___________________________________
No. E2025-00899-COA-R3-CV
___________________________________
This appeal arises out of a divorce proceeding. Appellant and appellee married in 2007.
Appellee filed the current divorce action in the trial court on February 8, 2021. The parties
entered into a reconciliation agreement suspending the divorce proceeding on July 24,
2023. The trial court set aside this agreement on July 19, 2024 at appellee’s request. A
trial was held on November 4, 2024. The trial court ordered the parties divorced on the
ground of inappropriate marital conduct by appellant; divided the marital estate; entered a
permanent parenting plan designating appellee as primary residential parent of the parties’
minor children; and awarded appellee child support, transitional alimony, and attorney’s
fees. Discerning no reversible error, we affirm.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed;
Case Remanded
KRISTI M. DAVIS, J., delivered the opinion of the Court, in which ANDY D. BENNETT and
CARMA DENNIS MCGEE, JJ., joined.
Shelley S. Breeding and Madeline S. Copes, Knoxville, Tennessee, for the appellant,
Johnny Curtis Sheppard.
Rebecca D. Slone, Dandridge, Tennessee, for the appellee, Kyla Yvette Sheppard.
OPINION
BACKGROUND
Johnny Curtis Sheppard (“Husband”) and Kyla Yvette Sheppard (“Wife”) married
in 2007. Three children (“the Children”) were born of the parties’ marriage. Wife filed a
complaint for divorce on February 8, 2021 in the Jefferson County Circuit Court (the “trial
court”) alleging inappropriate marital conduct, specifically “overuse of alcohol and
formerly drugs during the marriage.” On March 22, 2021, Husband, then represented by
counsel, filed an answer admitting to irreconcilable differences but denying inappropriate
marital conduct, as well as a counterclaim for divorce alleging irreconcilable differences
and, in the alternative, inappropriate marital conduct. Wife filed an answer to the
counterclaim for divorce on March 24, 2021, likewise admitting to irreconcilable
differences but denying inappropriate marital conduct.
The parties attended mediation on March 3, 2022, but did not settle the matter. On
April 13, 2022, Wife filed an amended complaint requesting spousal support and attorney’s
fees. At some point before August 16, 2022, Wife filed petitions for orders of protection
(“OPs”) against Husband, which the trial court granted ex parte. The trial court
consolidated the OP proceedings with the divorce action on August 16, 2022, and left the
OPs in effect. On October 11, 2022, the trial court entered an order amending the ex parte
OPs, ordering Husband to have no contact with Wife or the Children, and granting Wife
exclusive possession of the marital home. On November 7, 2022, the trial court entered an
order awarding Husband co-parenting time with the Children on two Saturdays during
October 20221 to be supervised by a third party.
On November 8, 2022, the parties entered into an agreed Temporary Parenting Plan.
The Temporary Parenting Plan (1) modified the ex parte OPs to allow for “limited social
contact between the parties for the sole purpose of [Wife]’s presence for [Husband]’s
coparenting with the [C]hildren”; (2) forbade Husband from driving with the Children or
removing the Children from the marital residence; (3) granted Husband co-parenting time
to be exercised at the marital residence on Sundays and one other mutually agreed-upon
day each week; (4) required Husband to take a breathalyzer test and get a negative result
for alcohol use before entering the marital residence for co-parenting time; (5) required
Wife to remain in a different part of the marital residence during co-parenting time;
(6) allowed Husband to attend the Children’s extracurricular events in addition to the
co-parenting time at the marital residence; (7) allowed Husband to be with the Children at
the marital residence for two hours on Thanksgiving 2022 and for four hours on Christmas
2022; (8) required Husband to refrain from alcohol and drug use prior to and during
co-parenting time; and (9) allowed for a mutually agreed-upon increase in the days and
times Husband could see the Children if these co-parenting times “proceed in an
appropriate manner.”
On July 24, 2023, the parties filed an agreed order of reconciliation, which
suspended the suit, dismissed all OPs, allowed the parties to resume living together, and
relieved all attorneys as counsel of record for the respective parties. The order also
provided that the suspension of the suit could “be revoked upon motion of either party or
by order.” On July 11, 2024, Wife filed a motion to set aside the reconciliation order,
1
Notably, the month of October 2022 had already passed when this order was entered.
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asserting that the attempted reconciliation had failed and that Wife was ready to proceed
with the divorce. The motion was served via U.S. mail only to Husband and not to his
prior counsel. On July 19, 2024, the trial court entered an order setting aside the order of
reconciliation and stating that the “matter shall proceed accordingly.” This order was also
served via U.S. mail only to Husband.
The trial occurred on November 4, 2024, and Husband appeared pro se, as there had
apparently been no communication between Husband and his former counsel from the end
of reconciliation to the trial date. When the case was called, Husband requested a
continuance to find counsel, which the trial court denied. The trial proceeded. There is no
transcript of the proceedings in the record on appeal. Rather, both parties filed competing
statements of evidence pursuant to Tennessee Rule of Appellate Procedure 24(c), and the
trial court adopted Wife’s statement in full.
Husband has a long-term substance abuse problem. At trial, Husband testified that
he previously had an opiate addiction, and after coming off opiates, he began drinking
alcohol. He further testified that he “spen[t] a significant amount of money on addictions
during the marriage, even dipping into his [investment] and savings accounts[,]” and this
spending “caused a financial crisis.”
Husband went to great lengths to conceal his alcohol use. At trial, he “admitted to
keeping alcohol in the lining of his truck[,] . . . . admitted he kept alcohol in . . . secret
places around the house . . . where the [C]hildren could have found it[,]” and admitted he
“used condoms to insert alcohol into his rectum to hide his usage from [Wife].” Wife
found “the condoms . . . laying [sic] around the parties’ home[,]” including “in the school
room in their home where the [C]hildren could easily have found them.” Wife also testified
that she found a package of “CBD/THC gummies” in Husband’s truck that looked like
candy, which concerned her since it could have been misidentified as such by the Children.
Husband went to the Harmony Oaks rehab facility in June 2022 for a period of 19
days. According to records from Husband’s stay at Harmony Oaks, he “reported to the
staff he drank between one and a half to two fifths of alcohol per day.” Husband also
reported to staff that “the longest sobriety he had had was 2 weeks[,]” and “that drinking
had negatively impacted his family.” According to rehab records, Husband “had a history
of failure to maintain any type of long term absence from psychoactive substances.” When
Husband left rehab, “he was sober for 4 days, then drank again[,]” and Husband testified
that he had continuously drank “up to and including the date of the divorce.” Wife testified
that after his treatment at Harmony Oaks, Husband “got a DUI with alcohol and a gun in
the vehicle in the middle of the day.”
Husband also “admitted to the [rehab] staff that he had such anger issues that he was
to the point he might hurt somebody[,]” and the rehab staff “found he was a danger to
himself and others and that he needed a controlled environment.” Wife testified to multiple
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violent episodes by Husband. Wife testified that Husband hit one of the Children with his
shoulder, and Wife provided both testimony and photographic evidence showing that
Husband drunkenly “destroyed Christmas decorations and the school room” while Wife
took the Children to church, destroyed Wife’s work materials, and burned Wife’s clothing.
Husband “slammed a door so hard it knocked decor off the wall” and threw “stuff around
the house.” Husband took Wife’s paperwork and phone and hid her jewelry. Husband also
placed cameras “all over the house” while refusing to tell Wife where they were and
recorded her unknowingly while she was undressing.
Wife testified that although Husband “has been capable of parenting in the past[,]”
he “is no longer capable due to his severe alcoholism.” Husband testified that his drinking
prevented him from driving the Children in the afternoon and evenings. In recent years,
Wife drove the Children to and from school, to all dentist and doctor appointments, and to
all sporting events.
The trial court entered a Final Decree of Divorce on November 22, 2024,
incorporating by reference its November 7, 2024 “Findings and Opinion.” Regarding the
division of the marital estate, the trial court found:
(a) The house and real property is awarded to [Wife]. The house has
a value of $700,000.00, and the equity is determined by reducing the value
by a HELOC loan of $49,000.00, and the balance of a primary mortgage of
$339,000.00, and the original gift by [W]ife’s family for land valued at
$90,000.00. This leaves equity of $111,000.00 to each party.
(b) The Court awards the marital home and land to [Wife], and she
shall refinance the debt on the same into her name within six (6) months of
the judgment in this case. In the intervening time she shall be responsible
for all loan payments on the home. [Husband] shall sign all documents
needed to give [W]ife access to the current mortgage company and the
outstanding loan. [Husband] shall also execute all documents needed to
transfer ownership of the home to [Wife]. [Husband’s] equity in the home
of $111,000.00 shall be reduced by $19,730.00 in child support owed to
[Wife] for ten (10) months of non-support while he was out of the home.
[Husband] failed to pay August, September and October mortgage payments
totaling $10,000.00, and that shall become the duty of [Wife] to pay, and said
$10,000.00 shall further reduce [Husband’s] equity in the home.
[Husband’s] equity is also reduced by $3,000.00 for the Armada vehicle
awarded hereby to [Husband]. [Husband’s] equity with reductions equals
$78,270.00, for which he shall hold a lien on the real property and house.
This lien shall be inferior to any refinancing of the primary mortgage by
[Wife] to accomplish the intent of the Court’s orders. This lien shall not be
required to be paid by [Wife] until six (6) months have passed following the
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youngest child turning eighteen (18) years of age or graduating from high
school, whichever occurs later. If the home is sold before that date the lien
shall be paid at the sale closing.
(c) The Court awards the parties[’] mobile home to [Husband] along
with his Suburu [sic] vehicle, the Honda Ridgeline vehicle, lawn mower, all
personal property in his possession, and one-half (1/2) of the parties’
household contents. [Husband] shall pay all debt owed on any personal
property awarded to him.
(d) [Wife] is awarded her BMW vehicle and one-half (1/2) of the
household contents along with personal property in her possession. She shall
pay all debt owed on any property awarded to her.
(e) [Husband] is awarded $14,563.00 of [Wife’s] 401K plan. The
balance of the plan is awarded to [Wife]. [Husband’s] award is reduced by
his share of credit card expenses and school trip expenses, which is the
responsibility of [Wife] to pay, if not yet satisfied.
(f) [Husband] shall be required to pay all [the C]hildren’s outstanding
medical bills as of November 4, 2024. Thereafter, the parties shall equally
divide the same.
With respect to alimony, the trial court found that
[H]usband has much greater income and potential income than [Wife], and
the marriage [which began] in 2007 has been long term. Therefore, there
exists [Husband’s] ability to pay alimony to [Wife]. Based on [Wife’s]
income as set forth on the Child Support Work Sheet, there exists a need by
[Wife] for alimony. The Court having found the need for transitional
alimony, awards the same to [Wife] from [Husband] in the sum of $1,500.00
per month for five (5) years. These payments shall begin on the first day of
the month following entry of a judgment in this case.
Regarding the custody determination issue, the trial court stated that it
has considered the factors of [Tennessee Code Annotated section] 36-6-106
for Child Custody and finds [Wife] shall be the Primary Residential Parent
of each child of the marriage with [Wife] granted initial parenting time of
365 days a year. This shall last for 12 months, and during this time
[Husband] shall have four (4) supervised visits a month through Volunteer
Services via Michael Stunzik [sic], which shall be coordinated between the
parents. Throughout this time [Husband] shall have the right to contact [the
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Children] as set forth in the Parenting Bill of Rights. After the first twelve
(12) months [Husband] shall have parenting time overnight visits with the
[C]hildren every other weekend. Before such visits he shall provide [Wife],
through a test of her choosing, which [Husband] shall pay to have conducted,
his blood alcohol level and usage. This test shall be performed close in time
to the [C]hildren’s visits. The Court expects during the initial year [Husband]
will take all needed steps to achieve and maintain sobriety as this causes the
Court great concern for the [C]hildren’s safety and well-being. Factors
weighing in [Wife’s] favor for primary parenting pursuant to T.C.A.
§ 36-6-106 are the [C]hildren’s need for stability, [Wife’s] history of
performing the majority of the parties’ parenting responsibility, and her
having the best potential to properly perform future parenting
responsibilities. The Court has considered the moral, physical, mental and
emotional fitness of each parent as it relates to their ability to parent the
[C]hildren and finds [Wife] is clearly the proper person to do so. The Court
also finds the other relevant factor weighing in [Wife’s] favor to be
[Husband’s] long and continuing alcohol abuse occurring both in the
presence of [Wife] and [the Children].
On the issue of attorney’s fees, the trial court stated:
(g) [Wife] is awarded her reasonable attorney fees in the sum of
$10,000.00 from [Husband]. [Husband] shall be required to pay any attorney
fee or attorney judgment he incurred in this litigation.
(h) [Husband] shall also pay the court costs in this cause.
On December 17, 2024, Husband, through counsel, filed a “Motion to Alter or
Amend or in the Alternative Set Aside Final Decree of Divorce.” The trial court entered a
modified final order on May 19, 2025, which only changed the final order “to the extent
that [Husband] shall only be required to take a blood alcohol test of his breath prior to any
visit set forth in the parenting plan order. However, [Wife] shall have the right to obtain
periodic hair follicle tests on [Husband].” Husband timely appealed to this Court on June
13, 2025.
ISSUES
Husband raises several issues on appeal, which we restate as follows:
1. Whether the trial court erred in denying Husband’s motion for continuance.
2. Whether the trial court erred in its valuation of the marital estate.
3. Whether the trial court’s division of the marital estate was inequitable.
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4. Whether the trial court erred in its application of the factors contained in
Tennessee Code Annotated section 36-5-121(i) when awarding alimony to Wife.
5. Whether the trial court erred in its application of the factors contained in section
36-6-106(a) in making its custody determination.
6. Whether the trial court erred in awarding Wife attorney’s fees.
DISCUSSION
Motion for continuance
Whether to grant or deny a motion for continuance is within the discretion of the
trial court. In re Anna W., No. W2022-00657-COA-R3-PT, 2022 WL 17820763, at *3
(Tenn. Ct. App. Dec. 20, 2022) (citing State Dep’t of Child.’s Servs. v. V.N., 279 S.W.3d
306, 317 (Tenn. Ct. App. 2008)). Therefore, we review such a decision for an abuse of
discretion. The abuse of discretion standard of review “reflects an awareness that the
decision being reviewed involved a choice among several acceptable alternatives.”
Harmon v. Hickman Cmty. Healthcare Servs., Inc., 594 S.W.3d 297, 305 (Tenn. 2020)
(quoting Lee Med., Inc. v. Beecher, 312 S.W.3d 515, 524 (Tenn. 2010)). Accordingly,
“[u]nder the abuse of discretion standard, a trial court’s ruling ‘will be upheld so long as
reasonable minds can disagree as to propriety of the decision made.’” Eldridge v. Eldridge,
42 S.W.3d 82, 85 (Tenn. 2001) (quoting State v. Scott, 33 S.W.3d 746, 752 (Tenn. 2000));
State v. Gilliland, 22 S.W.3d 266, 273 (Tenn. 2000)). “Indeed, when reviewing a
discretionary decision by the trial court, the ‘appellate courts should begin with the
presumption that the decision is correct and should review the evidence in the light most
favorable to the decision.’” Henderson v. SAIA, Inc., 318 S.W.3d 328, 335 (Tenn. 2010)
(quoting Overstreet v. Shoney’s, Inc., 4 S.W.3d 694, 709 (Tenn. Ct. App. 1999)). This
presumption notwithstanding, “[a] trial court abuses its discretion when it causes an
injustice by applying an incorrect legal standard, reaching an illogical decision, or by
resolving the case ‘on a clearly erroneous assessment of the evidence.’” Id. (quoting Lee
Med., 312 S.W.3d at 524).
The burden falls on the party seeking a continuance to show that the circumstances
justify a continuance. In re Rhyder C., No. E2021-01051-COA-R3-PT, 2022 WL 2837923,
at *5 (Tenn. Ct. App. July 21, 2022) (citing Osagie v. Peakload Temp Servs., 91 S.W.3d
326, 329 (Tenn. Ct. App. 2002)). The relevant factors when evaluating the circumstances
include “(1) the length of time the proceeding has been pending, (2) the reason for the
continuance, (3) the diligence of the party seeking the continuance, and (4) the prejudice
to the requesting party if the continuance is not granted.” Id. (quoting Nagarajan v. Terry,
151 S.W.3d 166, 172 (Tenn. Ct. App. 2003)).
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The agreed order of reconciliation entered July 24, 2023 relieved each party’s
counsel of record from their duty to continue representing their respective client. Husband
argues that when the trial court set the order aside on July 19, 2024, the previously relieved
attorneys were therefore reinstated as counsel of record for their respective client.
However, notice of Wife’s motion to set aside the order of reconciliation, the trial court’s
order granting Wife’s motion, and notice of the trial date were sent only to Husband, not
his former counsel of record. Husband’s former counsel did not appear at trial. Husband
argues that he was therefore “not a willing pro se litigant[,]” thus justifying a continuance
to find counsel.
It is undisputed that Husband received copies of the motion, the subsequent order,
and notice of the trial date. Despite Husband’s knowledge of the impending trial date, the
record is void of evidence that he attempted either to contact his former counsel or hire
new counsel following the July 2024 motion and order. During the four months between
the trial court setting aside the reconciliation order and the date of trial, Husband “had
ample time to secure counsel of his choice.” Coakley v. Daniels, 840 S.W.2d 367, 370
(Tenn. Ct. App. 1992). Husband relies upon Wilder Wilder, No. E2022-00990-COA-R3-
CV, 2023 WL 4770877 (Tenn. Ct. App. July 27, 2023), in support of his contention that
the circumstances in this case justify the continuance. However, the litigant’s attorney in
Wilder withdrew only five days before trial and the litigant requested a continuance, which
the trial court denied. 2023 WL 4770877, at *6. On appeal, this Court concluded that the
trial court abused its discretion in denying the requested continuance. Id. at *7. In contrast,
Husband had almost four months to find new counsel and only requested a continuance
after no one showed up the day of trial to represent him. This is far from the circumstances
of the “unwilling pro se litigant” in Wilder.
Further, as there is no transcript of the trial, and the Statement of Evidence adopted
by the trial court does not discuss the motion whatsoever, the record contains no evidence
as to the proceedings or arguments presented at trial regarding the motion. “In the absence
of a transcript or statement of the evidence, a presumption arises that there was sufficient
evidence to support the trial court’s judgment.” In re Est. of Henderson, 121 S.W.3d 643,
647 n.5 (Tenn. 2003) (citing Mfrs. Consol. Serv. v. Rodell, 42 S.W.3d 846, 865 (Tenn. Ct.
App. 2000)). Without the benefit of a transcript or statement of the evidence allowing us
to know what happened with respect to Husband’s motion for continuance, we must
presume that there was sufficient evidence to support the trial court’s denial of the motion.
Moreover, we cannot disturb the trial court’s ruling on the motion unless the record clearly
shows an abuse of discretion by the trial court and prejudice to the party seeking the
continuance. Given these presumptions, we conclude that the trial court did not abuse its
discretion by denying Husband’s motion for continuance.
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Valuation of the marital estate
Valuation of the marital estate is a question of fact for the trial court and is presumed
correct unless the evidence preponderates otherwise. Wallace v. Wallace, 733 S.W.2d 102,
107 (Tenn. Ct. App. 1987). The parties bear the burden of coming forward with
“competent valuation evidence.” Owens v. Owens, 241 S.W.3d 478, 486 (Tenn. Ct. App.
2007) (citations omitted). “When valuation evidence is conflicting, the court may place a
value on the property that is within the range of the values represented by all the relevant
valuation evidence.” Id. (citations omitted).
Husband asserts that the trial court abused its discretion in adopting Wife’s
valuation of the marital home because “[t]he only evidence that Wife presented, was her
own valuation[,]” which, Husband argues, does not constitute competent valuation
evidence.2 However, this Court has been clear that the trial court is permitted to “re[ly] on
the parties’ opinions regarding value when making its valuation determination.” Brown,
577 S.W.3d at 214. Once the parties have presented differing property values, the trial
court may adopt a valuation “that is within the range of the values represented by all the
relevant valuation evidence.” Owens, 241 S.W.3d at 486. “This is precisely what the trial
court did in the instant action[,]” and nothing in the record on appeal preponderates against
this valuation. Brown, 577 S.W.3d at 214. Accordingly, having carefully reviewed the
record before us, we conclude that the evidence does not preponderate against the trial
court’s valuation of the marital home.
Division of the marital estate
After classifying and valuing marital property, a trial court must equitably divide
it between the parties. See Tenn. Code Ann. § 36-4-121(a)(1); Luplow v. Luplow, 450
S.W.3d 105, 109 (Tenn. Ct. App. 2014) (citing Miller v. Miller, 81 S.W.3d 771, 775 (Tenn.
Ct. App. 2001)). An equitable division of marital property does not require that the
property be divided equally. Luplow, 450 S.W.3d at 109–10 (citing Robertson v.
Robertson, 76 S.W.3d 337, 341 (Tenn. 2002)). Nor does it require that each party receive
a share of every item classified as marital property. Morton v. Morton, 182 S.W.3d 821,
833–34 (Tenn. Ct. App. 2005) (citing King v. King, 986 S.W.2d 216, 219 (Tenn. Ct. App.
1998)). The trial court has broad discretion in devising an equitable division of marital
property. Flannary v. Flannary, 121 S.W.3d 647, 650 (Tenn. 2003). This Court will not
overturn the trial court’s determination unless “it is inconsistent with the statutory factors
or lacks proper evidentiary support.” Trezevant v. Trezevant, 568 S.W.3d 595, 607 (Tenn.
Ct. App. 2018) (citing Baggett v. Baggett, 422 S.W.3d 537, 543 (Tenn. Ct. App. 2013)).
2
We note that Husband, too, provided his lay opinion as to the marital home’s valuation. “[W]e
discern no significant distinction between Husband’s and Wife’s . . . methodologies in valuing the marital
residence. Each party presented a lay opinion concerning the value of his or her own property, as permitted
by Tennessee Rule of Evidence 701[.]” Brown v. Brown, 577 S.W.3d 206, 214 (Tenn. Ct. App. 2018).
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In making its division, trial courts must consider all relevant factors found at Tennessee
Code Annotated section 36-4-121(c). “[T]he division of marital property is not a
mechanical process. Rather, the trial court should weigh the most relevant factors in light
of the facts of each case.” Larsen-Ball v. Ball, 301 S.W.3d 228, 234 (Tenn. 2010) (citations
omitted).
Husband makes several arguments regarding multiple aspects of the trial court’s
division of marital property: the calculation of Husband’s equity in the marital home,
statutory interest for Husband’s equity in the home, and the award of the mobile home and
the Nissan Armada to Husband. We address each argument in turn.
a. Husband’s equity in the marital home
The trial court calculated Husband’s equity in the marital home as follows: the court
began with a home value of $700,000.00, then subtracted $49,000.00 for the HELOC loan,
“the balance of a primary mortgage of $339,000.00,” and $90,000.00 for the value of the
land the home sat on, which was awarded to Wife, leaving $222,000.00 in total equity. The
trial court then split this equity equally, awarding $111,000.00 each to Husband and Wife.
The trial court then further reduced Husband’s $111,000.00 equity award by subtracting
$19,730.00 for child support owed to Wife, $10,000.00 for unpaid mortgage payments, and
$3,000.00 for the Nissan Armada awarded to Husband. This left Husband with an equity
award of $78,270.00 in the form of a lien on the home and real property. Husband argues
that his equity in the marital home was erroneously calculated because the trial court
deducted both the total balance of the mortgage and the $10,000.00 in unpaid mortgage
payments. The $10,000.00 in unpaid mortgage payments, Husband argues, was already
accounted for in the $339,000.00 mortgage balance, and thus should not have been
deducted from his share of the equity of the home.
However, we note that Husband raises this argument for the first time in his reply
brief on appeal. “Issues raised for the first time in a reply brief are waived.” Hughes v.
Tenn. Bd. of Prob. & Parole, 514 S.W.3d 707, 724 (Tenn. 2017) (citations omitted). “‘A
reply brief is limited in scope to a rebuttal of the argument advanced in the appellee’s brief.’
It would be fundamentally unfair to permit an appellant to advance new arguments in the
reply brief, as the appellee may not respond to a reply brief.” Artist Bldg. Partners v.
Auto-Owners Mut. Ins. Co., 435 S.W.3d 202, 220 n. 5 (Tenn. Ct. App. 2013) (quoting
Denver Area Meat Cutters & Emps. Pension Plan v. Clayton, 209 S.W.3d 584, 594 (Tenn.
Ct. App. 2006)). Therefore, Husband’s arguments regarding the alleged miscalculation of
his equity in the home are waived.
b. Post-judgment interest
The trial court ordered that Husband receive his share of equity in the marital home
(1) after the parties’ youngest child graduates from high school or six months after he turns
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eighteen, whichever is later, or (2) at closing if the home is sold before the aforementioned
condition has occurred. Because Husband is unable to access his share of the home equity
until some future date, Husband argues that Tennessee Code Annotated section 47-14-121
required the trial court to award him post-judgment interest on this inaccessible equity.
This is a question of law, which we review de novo with no presumption of correctness.
See Snodgrass v. Snodgrass, 295 S.W.3d 240, 245–46 (Tenn. 2009).
“Interest” is defined as “compensation for the use or detention of, or forbearance to
collect, money over a period of time . . .” Tenn. Code Ann. § 47-14-102(8). “A party’s
right to postjudgment interest is based on that party’s entitlement to use the proceeds of the
judgment after the award.” Vooys v. Turner, 49 S.W.3d 318, 322 (Tenn. Ct. App. 2001)
(citing W. Am. Ins. Co. v. Montgomery, 861 S.W.2d 230, 232 (Tenn. 1993)). “[T]he
allowance of interest is based upon statute, and this postjudgment interest statute is
mandatory.” Id. (citations omitted); see Tenn. Code Ann. § 47-14-122 (“Interest shall be
computed on every judgment from the day on which the jury or the court, sitting without a
jury, returned the verdict without regard to a motion for a new trial.”).
The facts of this case are similar to those considered by this Court in another divorce
action, Williams v. Williams, No. E1999-02750-COA-R3-CV, 2000 WL 816821 (Tenn. Ct.
App. June 23, 2000). In Williams, the wife was awarded the marital home, and the husband
was awarded $21,200.00 secured by a lien against the property. 2000 WL 816821, at *1.
“The home was to be sold no later than the youngest child’s eighteenth birthday and then
the lien would be satisfied from the proceeds of the sale of the residence.” Id. The husband
argued that he should be awarded post-judgment interest on the deferred judgment;
however, as the courts of this state have repeatedly held, “the rule is that the statutory
interest does not begin to accrue until the party awarded judgment becomes entitled to the
money.” Id. Because the husband in Williams was “not entitled to use of the money until
the house [was] sold,” he was not entitled to post-judgment interest. Id. at *2.
Like the husband in Williams, Husband is not yet entitled to the use of the money
he was awarded from the equity of the marital home. He is only entitled to utilize his share
of the home equity under a certain set of conditions established in the trial court’s judgment,
and those conditions have not yet been met. Therefore, the trial court properly declined to
award post-judgment interest to Husband.
c. Mobile home and Nissan Armada
The trial court also awarded Husband a mobile home, which was situated on land
awarded to Wife, and a Nissan Armada. Husband argues that both awards were
“inequitable in light of the duration of the marriage, the parties’ relative capacity to acquire
other capital assets, and the parties’ post-divorce economic circumstances.”
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First addressing the mobile home, Husband argues that because he “would have to
pay to relocate the mobile home and purchase a place for the mobile home to [be]
placed. . . . this award cost Husband more than [it’s] worth.” Husband further argues that
this award was inequitable because “the mobile home generated income for the parties as
they rented it out to a tenant[,]” and the trial court did not “allocate which party would be
awarded said income.”
Tennessee Code Annotated section 36-4-121(f)(1) provides that the trial court has
the discretion to “make a distributive award of money or other property to supplement,
facilitate or effectuate a distribution of marital property.” Accordingly, whether to make
an award offsetting the costs associated with relocating and situating the mobile home was
in the trial court’s discretion. The trial court chose not to make any award of money or
other property to offset these costs, and the record supports this decision. Even setting
aside the fact that Husband has a significantly higher income than Wife, Husband
acknowledged that the mobile home has been and can be rented out to generate income.
This income could partially or fully offset the costs associated with relocating and situating
the mobile home, which undercuts Husband’s argument that the award of the mobile home
“cost Husband more than [it’s] worth.”
Additionally, while Husband argues that the past income generated from renting out
the mobile home was not allocated, the trial court awarded Husband and Wife the cash
assets in each of their respective bank accounts. Husband provides no citation to the record
to suggest that this rental income was not included in the cash assets divided and awarded
by the trial court.
Next, turning to the Nissan, Husband argues that this award was inequitable because
“at the time of trial, the vehicle was being driven by the parties’ eldest child[,]” and “both
parties intended and understood that this vehicle ‘belonged’ to that child.” Nevertheless,
the trial court awarded the Nissan to Husband despite Husband having what he describes
as “essentially no co-parenting time[.]” In stating that the Nissan “belonged” to the child,
it is unclear if Husband is arguing that the Nissan is the child’s property. However, by only
challenging the trial court’s allocation of the Nissan, rather than its classification as marital
property, Husband inherently acknowledged that the vehicle is not the property of the
parties’ eldest child. Nothing in the trial court’s judgment prevents the current arrangement
from continuing. As the owner of the Nissan, Husband is free to allow his eldest child to
continue using the vehicle.
We discern no abuse of discretion in the trial court’s rulings concerning the marital
estate. We affirm the division of the parties’ marital property.
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Alimony
Husband next argues that the trial court abused its discretion in awarding Wife
transitional alimony. The Tennessee Supreme Court has explained that
trial courts in Tennessee have broad discretion to determine whether spousal
support is needed and, if so, to determine the nature, amount, and duration of
the award. See Gonsewski [v. Gonsewski], 350 S.W.3d [99,] 105 [(Tenn.
2011)]; Bratton v. Bratton, 136 S.W.3d 595, 605 (Tenn. 2004); Burlew v.
Burlew, 40 S.W.3d 465, 470 (Tenn. 2001); Crabtree v. Crabtree, 16 S.W.3d
356, 360 (Tenn. 2000). Because a trial court’s “decision regarding spousal
support is factually driven and involves the careful balancing of many
factors,” Gonsewski, 350 S.W.3d at 105 (footnote omitted), the role of an
appellate court is not to second guess the trial court or to substitute its
judgment for that of the trial court, but to determine whether the trial court
abused its discretion in awarding, or refusing to award, spousal support. Id.
Mayfield v. Mayfield, 395 S.W.3d 108, 114 (Tenn. 2012). “When a trial court determines
whether and to what extent alimony is appropriate, it must apply the statutory factors
enumerated in [Tennessee Code Annotated] section 36-5-121(i).” Law v. Law, No.
E2021-00206-COA-R3-CV, 2022 WL 1221084, at *20 (Tenn. Ct. App. Apr. 26, 2022).
Husband argues that the trial court abused its discretion by not applying all of the
factors set out in section 36-5-121(i). Specifically, Husband cites factors related to the
parties’ relative earning capacities, obligations, needs, financial resources, levels of
education and training, ages, mental and physical conditions, and separate assets; the
duration of the marriage; the division of the marital assets; and the standard of living of the
parties established during the marriage. See Tenn. Code Ann. § 36-5-121(i). However,
“each of these factors must be considered when relevant to the parties’ circumstances[.]”
Gonsewski v. Gonsewski, 350 S.W.3d at 110 (emphasis added). “[W]e are not required to
interpret the trial court’s silence with respect to factors that were not particularly weighty
as a refusal or failure to consider those factors.” K.B.J. v. T.J., 359 S.W.3d 608, 613 (Tenn.
Ct. App. 2011). Tennessee courts have highlighted two factors as the most important for
the trial court to consider: “the disadvantaged spouse’s need and the obligor spouse’s
ability to pay.” Gonsewski, 350 S.W.3d at 110 (quoting Riggs v. Riggs, 250 S.W.3d 453,
457 (Tenn. Ct. App. 2007)). In this case, the trial court explicitly addressed both of these
factors:
The Court finds specifically [H]usband has much greater income and
potential income than [W]ife, and the marriage in 2007 has been long term.
Therefore, there exists [H]usband’s ability to pay alimony to [W]ife. Based
on [W]ife’s income as set forth on the Child Support Work Sheet, there exists
a need by [W]ife for alimony.
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The record supports the trial court’s implicit determination that these factors were the most
relevant in this case. As the trial court found, the evidence reflects that Husband has
historically earned more income than Wife and had a greater capacity for earning income
than Wife. Husband was working again as of the time of trial, although he refused to tell
Wife where he worked. Also relevant to this issue were the trial court’s designation of
Wife as the Children’s primary residential parent and the trial court’s finding that the
parties’ marriage was long term. The trial court did not abuse its discretion by declining
to explicitly address each factor found in section 36-5-121(i).
After a thorough review of the record, we conclude that the trial court’s ruling as to
transitional alimony for Wife should be affirmed. The factual findings underpinning the
trial court’s analysis are supported by the record, and the trial court applied the pertinent
statutory factors in a reasoned manner. Viewing the decision in the light most favorable to
the trial court, as the standard of review requires, see Gonsewski, 350 S.W.3d at 105–06,
we discern no abuse