Virgie Lee Parker v. Paul J. Parker

In this post-divorce action, the trial court denied the husband’s petition for contempt upon
finding that the wife had satisfied a provision of the parties’ marital dissolution
agreement allowing for the husband to retrieve items of personal property from a home
awarded to the wife. The court initially awarded attorney’s fees to the wife, pursuant to
Tennessee Code Annotated § 36-5-103(c), for her successful defense against the petition.
Upon the husband’s motion to alter or amend and following a hearing and supplemental
briefing, the trial court concluded that the statute did not provide for attorney’s fees in an
action involving enforcement of the distribution of property in a divorce. The trial court
granted the husband’s motion to alter or amend, denying the wife’s request for attorney’s
fees. The wife has appealed. Upon consideration, we hold that Tennessee Code
Annotated § 36-5-103(c) provides for attorney’s fees solely in matters involving alimony,
child support, permanent parenting plan provisions, and custody of children. We
therefore affirm the trial court’s judgment.