Henderson v. Henderson

13 Citing cases

  1. Stratienko v. Stratienko

    No. E2022-01802-COA-R3-CV (Tenn. Ct. App. Nov. 7, 2023)

    Henderson v. Henderson, No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *12 (Tenn. Ct. App. Sept. 23, 2014) (quoting Evans, 2004 WL 1882586, at *13).

  2. Sexton v. Carden

    No. E2019-01057-COA-R3-CV (Tenn. Ct. App. Dec. 9, 2020)   Cited 4 times

    Tennessee Code Annotated section 36-5-103(c) authorizes awards of attorney fees incurred on appeal. Henderson v. Henderson, No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *12 (Tenn. Ct. App. Sept. 23, 2014). We consider the following factors in our decision to award fees: (1) the requesting party's ability to pay the accrued fees; (2) the requesting party's success in the appeal; (3) whether the requesting party sought the appeal in good faith; and (4) any other relevant equitable factors. Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *6 (Tenn. Ct. App. Dec. 17, 2007).

  3. McAdams v. McAdams

    No. E2019-02150-COA-R3-CV (Tenn. Ct. App. Aug. 13, 2020)   Cited 8 times

    Additionally, Tennessee Code Annotated section 36-5-103(c) authorizes awards of attorney's fees incurred at trial as well as on appeal. Henderson v. Henderson, No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *12 (Tenn. Ct. App. Sept. 23, 2014). "In determining whether an award for attorney's fees is warranted, [this Court] should consider, among other factors, the ability of the requesting party to pay his or her own attorney's fees, the requesting party's success on appeal, and whether the requesting party has been acting in good faith." Shofner v. Shofner, 181 S.W.3d 703, 719 (Tenn. Ct. App. 2004).

  4. Wright v. Wright

    No. W2018-02163-COA-R3-CV (Tenn. Ct. App. Mar. 6, 2020)   Cited 4 times
    Observing that a parent's "decision not to seek out-of-town employment so that he can spend more time with the child" could certainly be considered for a finding of voluntary underemployment but that it "may actually weigh in Husband's favor concerning his desire to parent the child"

    Pursuant to this statute, a court may award attorney's fees to an alimony recipient who is forced to defend an action to reduce or terminate that alimony. Henderson v. Henderson, No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *12 (Tenn. Ct. App. Sept. 23, 2014) (citing Evans v. Evans, M2002-02947-COA-R3-CV, 2004 WL 1882586, at *13-14 (Tenn. Ct. App. Aug. 23, 2004)); see also Owens v. Owens, No. M2012-01186-COA-R3-CV, 2013 WL 3964793, at *6 (Tenn. Ct. App. July 30, 2013), perm. app. denied (Tenn. Nov. 13, 2013) ("Reasonable fees may be awarded pursuant to § 36-5-103(c) in actions to enforce a decree for alimony, which has been interpreted as including the situation where an alimony recipient is forced to defend an action to reduce or terminate that alimony."). The statute authorizes awards of attorney's fees incurred at trial as well as on appeal.

  5. Climer v. Climer

    No. W2018-01910-COA-R3-CV (Tenn. Ct. App. Jan. 29, 2020)   Cited 1 times

    Pursuant to this statute, a court may award attorney's fees to an alimony recipient who is forced to defend an action to reduce or terminate that alimony. Henderson v. Henderson, No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *12 (Tenn. Ct. App. Sept. 23, 2014) (citing Evans v. Evans, M2002-02947-COA-R3-CV, 2004 WL 1882586, at *13-14 (Tenn. Ct. App. Aug. 23, 2004)); see also Owens v. Owens, No. M2012-01186-COA-R3-CV, 2013 WL 3964793, at *6 (Tenn. Ct. App. July 30, 2013) perm. app. denied (Tenn. Nov. 13, 2013) ("Reasonable fees may be awarded pursuant to § 36-5-103(c) in actions to enforce a decree for alimony, which has been interpreted as including the situation where an alimony recipient is forced to defend an action to reduce or terminate that alimony."). The statute authorizes awards of attorney's fees incurred at trial as well as on appeal.

  6. Malkin v. Malkin

    613 S.W.3d 122 (Tenn. Ct. App. 2019)   Cited 2 times

    Pursuant to this statute, a court may award attorney's fees to an alimony recipient who is forced to defend an action to reduce or terminate that alimony. Henderson v. Henderson , No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *12 (Tenn. Ct. App. Sept. 23, 2014) (citing Evans v. Evans , M2002-02947-COA-R3-CV, 2004 WL 1882586, at *13-14 (Tenn. Ct. App. Aug. 23, 2004) ); see alsoOwens v. Owens , No. M2012-01186-COA-R3-CV, 2013 WL 3964793, at *6 (Tenn. Ct. App. July 30, 2013) perm. app. denied (Tenn. Nov. 13, 2013) ("Reasonable fees may be awarded pursuant to § 36-5-103(c) in actions to enforce a decree for alimony, which has been interpreted as including the situation where an alimony recipient is forced to defend an action to reduce or terminate that alimony."). The statute authorizes awards of attorney's fees incurred at trial as well as on appeal.

  7. Barnes v. Barnes

    614 S.W.3d 90 (Tenn. Ct. App. 2019)   Cited 2 times

    Additionally, the possibility of being burdened with a former spouse's attorney's fees helps deter unwarranted or unjustified attempts by an obligor to evade or reduce an existing support obligation.’ Henderson v. Henderson , No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *12 (Tenn. Ct. App. Sept. 23, 2014) (quoting Evans , 2004 WL 1882586, at *13 ). In light of the issue presented on appeal, Wife's success on appeal, and the respective financial positions of the parties, we exercise our discretion to grant Wife's request for an award of her reasonable attorney's fees and expenses incurred on appeal.

  8. Friesen v. Friesen

    No. E2017-00775-COA-R3-CV (Tenn. Ct. App. Nov. 5, 2018)

    Pursuant to this statute, a court may award attorney's fees to an alimony recipient who is forced to defend an action to reduce or terminate that alimony. Henderson v. Henderson, No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *12 (Tenn. Ct. App. Sept. 23, 2014) (citing Evans v. Evans, M2002-02947-COA-R3-CV, 2004 WL 1882586, at *13-14 (Tenn. Ct. App. Aug. 23, 2004)); see also Owens v. Owens, No. M2012-01186-COA-R3-CV, 2013 WL 3964793, at *6 (Tenn. Ct. App. July 30, 2013) ("Reasonable fees may be awarded pursuant to § 36-5-103(c) in actions to enforce a decree for alimony, which has been interpreted as including the situation where an alimony recipient is forced to defend an action to reduce or terminate that alimony."). The statute authorizes awards of attorney's fees incurred at trial as well as on appeal. Henderson, 2014 WL 4725155, at *12.

  9. Jarman v. Jarman

    No. M2017-01730-COA-R3-CV (Tenn. Ct. App. Oct. 31, 2018)

    Id. at 263. (citing Henderson v. Henderson, No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *12 (Tenn. Ct. App. Sept. 23, 2014); Evans, 2004 WL 1882586, at *13-14; Owens v. Owens, No. M2012-01186-COA-R3-CV, 2013 WL 3964793, at *6 (Tenn. Ct. App. July 30, 2013) ("Reasonable fees may be awarded pursuant to § 36-5-103(c) in actions to enforce a decree for alimony, which has been interpreted as including the situation where an alimony recipient is forced to defend an action to reduce or terminate that alimony.")). Additionally, the Malkin court recognized that

  10. Cain-Swope v. Swope

    523 S.W.3d 79 (Tenn. Ct. App. 2016)   Cited 50 times
    Holding that there was no impropriety created when the trial court ruled against one party after stating that he and the party's counsel would have to "agree to disagree on that"

    There is a statutory preference for rehabilitative or transitional alimony, Tenn. Code Ann. § 36–5–121(d)(2), but "[t]his statutory preference does not entirely displace the other forms of spousal support when the facts of the case warrant long-term or more open-ended support." Henderson v. Henderson , No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *3 (Tenn. Ct. App. Sept. 23, 2014) (quoting Gillespie v. Gillespie , No. E2006-00734-R3-CV, 2006 WL 3732195, at *3 (Tenn. Ct. App. Dec. 19, 2006) ), no perm. app. filed. Alimony decisions require a careful consideration of the relevant factors in Tenn.