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Kelly Colvard Parsons v. Richard Jearl Parsons

Tenn. Ct. App.December 12, 2019No. W2018-02008-COA-R3-CV
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Case Details

Judge(s)
Judge Kenny Armstrong
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Excerpt

Wife/Appellant appeals the trial court's denial of relief on her post-divorce petition for contempt and breach of contract. The parties' MDA awarded Wife 50% of Husband/Appellee's FERS Supplement, which was subsequently terminated due to Husband's yearly earned income being in excess of the FERS cap of $15,120.00. Because the parties' MDA did not preclude Husband from earning income in excess of the cap, and did not include a provision for such occurrence, the trial court properly denied Wife's petition. Although the trial court sua sponte modified child support to award an additional amount equal to the lost FERS Supplement, it did so in error. Accordingly, we affirm the trial court's grant of Husband's motion to alter or amend the award of additional child support. Because the MDA allows the prevailing party to recover attorney's fees and expenses, we reverse the trial court's denial of Husband's reasonable fees and expenses, and remand for determination of same, and for entry of judgment thereon. Reversed in part, affirmed in part, and remanded.

What This Ruling Means

**What Happened:** Kelly Parsons and her ex-husband Richard had a divorce agreement that said Kelly would receive 50% of Richard's federal retirement supplement payments (called FERS Supplement). However, Richard's supplement payments stopped when his yearly income exceeded $15,120 - a federal limit that automatically cuts off these benefits. Kelly sued Richard, claiming he broke their divorce contract and asking the court to hold him in contempt for not paying her share. **What the Court Decided:** The court sided with Richard and denied Kelly's request. The appeals court agreed with this decision and sent the case back to the lower court. The judges ruled that since the divorce agreement didn't prevent Richard from earning money above the federal income limit, and didn't include any backup plan for what would happen if the supplement payments stopped, Richard hadn't actually broken their contract. **Why This Matters for Workers:** This case shows how federal benefit rules can override private agreements, even divorce settlements. Workers with federal retirement benefits should understand that income limits can affect their payments, and these restrictions will apply regardless of what other legal agreements say. When negotiating any contract involving government benefits, it's important to consider how federal rules might impact those benefits.

This summary was generated to explain the ruling in plain English and is not legal advice.

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