Sonya Renee Vaden Ausley v. Dempsey Renea Ausley, Jr.

This appeal involves an alimony award granted by the trial court to Plaintiff Sonya Ausley. While the divorce in this case was pending, the trial court ordered Defendant to pay $17,000 to the Clerk and Master of the court after Defendant willfully refused to pay temporary support and further disposed of a $34,000 social security disability settlement in violation of court order. The trial court later granted Plaintiff $5775 from the funds as temporary support. In the final divorce decree, the trial court awarded Plaintiff the remaining $11,225 balance as lump sum transitional alimony.  Defendant appeals, arguing that 1) the trial court erred in failing to classify Defendant’s social security benefits as marital or separate prior to ordering its division, 2) the trial court’s order that Defendant pay half of his social security benefits into the Clerk and Master constituted in improper presumption that such benefits were marital property, and 3) that Defendant’s social security benefits were exempt from garnishment under Tenn. Code Ann. § 26-2-111. We affirm.