Doris Sanders v. Samuel Sanders, Jr.

Case Number
M1998-00978-COA-R3-CV
This appeal involves a former spouse's right to post-judgment interest on an award of alimony in solido. After her former husband failed to pay the alimony in solido required by the final divorce decree, the former wife filed a petition in the Circuit Court for Davidson County seeking $9,847.68 in post-judgment interest. The trial court recognized that the post-judgment interest had accrued but decided not to award the interest to the former wife unless her former husband failed to make his future periodic alimony payments in a timely manner. When her former husband began to pay his alimony payments late, the former wife renewed her request for the post-judgment interest. The trial court found that the former husband had been delinquent in his alimony payments but again declined to order the former husband to pay the post-judgment interest if he prepaid the remaining balance of his periodic alimony. The former wife has appealed from the trial court's repeated refusal to award her the post-judgment interest on her alimony in solido award. We have determined that the former wife was entitled to post-judgment interest as a matter of law and, therefore, that the trial court erred by failing to award her $9,847.68 for post-judgment interest.
Authoring Judge
Judge William C. Koch, Jr.
Originating Judge
Marietta M. Shipley
Case Name
Doris Sanders v. Samuel Sanders, Jr.
Date Filed
Dissent or Concur
No
Download PDF Version
SandersD.pdf33.29 KB