Deanna Lynn Akers v. Neil E. Powers

Deanna Lynn Akers (“Wife”) and Neil E. Powers (“Husband”) were divorced by the Circuit Court for Bradley County (the “trial court”) in 2016. Wife was awarded $1,100.00 per month in alimony in futuro. Following a slew of post-trial motions and proceedings, Husband filed a petition to terminate Wife’s alimony on August 6, 2019. A hearing was held after which the trial court terminated Wife’s alimony and entered a judgment against Wife for the overpaid amount. Because the trial court erred in terminating Wife’s alimony altogether, the trial court’s decision is vacated and remanded for reinstatement of Wife’s in futuro support. Because Husband established, however, a substantial and material change in his earning ability, a modification of the amount of alimony is appropriate and should be determined by the trial court on remand.