Legal Question in Family Law in Tennessee

Divorce Property Settlement appeal

14 years ago the husband left his wife of 10 years with three minor children, 6,4, and 1. The wife, a homemaker,hadn't worked (1st grade teacher) for 9 years. In the divorce settlement she was asked to pay her ex husband $20,000 after 5 years. The amount was said at the time of the divorce to be a loan (I know this to be a gift, not a loan). Also an additional $13,000 of his 1/2 equity of the home. The wife signed this on the advice of her attourney. In the years since she has lived in the home raising the 3 children. 4 years ago she took the ex back to court to force a raise to minumun child support levels. A lawyer told her then to sign a 4 eyar extention on the debt saying she could always go back again in 4 years for another extention (to keep the children in the home).Can she appeal the origional settlement because of the lie about the $20,000 being a loan? Currently she is providing sole support for her 19 year old in college and paying college cost and is financially strapped. The ex refeuses to pay for college for the children. He is financially comfortable but suing for the $ she owes him.


Asked on 1/17/01, 8:00 pm

2 Answers from Attorneys
Gregory Smith Law Office of Gregory D. Smith

Re: Divorce Property Settlement appeal

Probably not. An issue in a decree usually becomes final 30 days after filing. For more info, see www.gsmithlawfirm.com

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Answered on 2/13/01, 6:57 pm
Rosella Shackelford Shackelford Legal Service

Re: Divorce Property Settlement appeal

After ten years, the issues are long past the point of re-litigation, either through appeal, or setting aside the judgment. However, does she have enough equity in the home to re-finance? Also, if these amounts are not child support issues, then they can be discharged in bankruptcy. The best way would be to defend the lawsuit and counter claim, allege that the continuing education costs are part of the father's share and see how the judge rules.

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Answered on 2/14/01, 2:14 pm


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