Tenn. Code Ann. § 36-5-102

Portion of spouse's estate decreed to spouse entitled to alimony or support - Maintenance of minor custodial parent

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(a) In cases where the court orders alimony or child support in accordance with §§ 36-5-101 and 36-5-121, the court may decree to the spouse who is entitled to such alimony or child support such part of the other spouse's real and personal estate as it may think proper. In doing so, the court may have reference and look to the property that either spouse received by the other at the time of the marriage, or afterwards, as well as to the separate property secured to either by marriage contract or otherwise.

(b) In addition to child support, a judge may require the noncustodial adult parent, who is not the legal spouse of the custodial parent, to pay an amount for the maintenance and support of the custodial parent if the custodial parent of the child is a minor. Such amount shall be determined by the court based on the noncustodial parent's ability to pay and shall be in addition to any court-ordered child support. Any order requiring the noncustodial parent to pay an additional amount for the maintenance and support of the custodial parent shall continue to be effective after the custodial parent reaches eighteen (18) years of age if the custodial parent is in high school. Such order shall continue until the custodial parent marries or graduates from high school or until the class of which the custodial parent is a member when the custodial parent attains eighteen (18) years of age graduates, whichever occurs first. As used in this subsection (b), "maintenance and support of the custodial parent" may also include counseling and other special medical services needed by the custodial parent.

Code 1858, § 2469 (deriv. Acts 1841-1842, ch. 133, § 2); Shan., § 4222; Code 1932, § 8447; Acts 1979, ch. 339, § 2; T.C.A. (orig. ed.), § 36-821; Acts 1997 , ch. 134, § 1; 1998, ch. 1018, § 1; 2005, ch. 287, § 3.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1984–2024 · leading case: Barnhill v. Barnhill

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Barnhill v. Barnhill (1991) tennctapp · cites it 4× “T.C.A. § 36-5-102 specifically authorizes such a distribution: Portion of spouse's estate decreed to spouse entitled to alimony or support.”

Houghland v. Houghland (1992) tennctapp “§ 36-821 (now § 36-5-102) “provides for alimony in solido to be paid out of the present estate of the spouse and does not .”

In Re Elrod (1984) tneb · cites it 2× “Tenn. Code Ann. § 36-5-102 (1984) (emphasis supplied).”

Anthony C. Howell v. Noel Ruth Kail Howell (2019) tennctapp · cites it 3× “However, the unambiguous language used by the trial court in its order clearly shows that the court considered the separate property only in determining that Husband had the ability to pay alimony, to-wit: “As a factor for consideration of an award of alimony in solido, and…”

Angela Louine Niemeyer v. Glenn Paul Niemeyer (2024) tennctapp · cites it 2× “On October 22, 2018, Wife filed an amended complaint asserting that Ali was entitled to child support as an adult handicapped child pursuant to Tennessee Code Annotated section 36-5-102(k)(2). An agreed order dated October 31, 2018, provided that “any child support or other…”

Jordan Ashton Danelz v. John Gayden, M.D. (2013) tennctapp · cites it 3× “” See Tenn. Code Ann. §§ 36-5-102 (c)(2)(A), -101(d)(8).”

Carol Denice Pettijohn v. Patrick Carl Pettijohn (2011) tennctapp · cites it 3× “See also Tenn. Code Ann. § 36-5-102 (providing that “[i]n cases where the court orders alimony or child support in accordance with § 36-5-101 and § 36-5-121, the court may decree to the spouse who is entitled to such alimony or child support such part of the other spouse’s real…”

Lola Taylor v. James Taylor (1994) tennctapp · cites it 4× “Tenn. Code Ann. § 36-5-102 (a) (2001) permits the courts to use the obligor spouse’s real and personal property to pay child support.”

Sarah Elizabeth Ferguson v. Johnny Wayne Ferguson (2008) tennctapp · cites it 2× “Wife argues on appeal that the trial court’s award of the Corvette, the boat, and the trailer was justified as an award of alimony in solido pursuant to Tenn. Code Ann. § 36-5-102 . II. STANDARD OF REVIEW 2 W ife’s Complaint, Husband’s Countercomplaint, and the testimony of the…”

Pritchett v. Pritchett (1998) tennctapp · cites it 2× “The trial court set Father’s child support obligation in strict compliance with the Child Support Guidelines promulgated by the Department of Human Services pursuant to the 4 provisions of T.C.A. § 36-5-102(e). Father argues that a deviation downward is justified in view of the…”

— Tenn. Code Ann. § 36-5-102(c)(2)(A) — 1 case

Jordan Ashton Danelz v. John Gayden, M.D. (2013) tennctapp “” See Tenn. Code Ann. §§ 36-5-102 (c)(2)(A), -101(d)(8).”

— Tenn. Code Ann. § 36-5-102(e) — 1 case

Pritchett v. Pritchett (1998) tennctapp “The trial court set Father’s child support obligation in strict compliance with the Child Support Guidelines promulgated by the Department of Human Services pursuant to the 4 provisions of T.C.A. § 36-5-102(e). Father argues that a deviation downward is justified in view of the…”

— Tenn. Code Ann. § 36-5-102(k)(2) — 1 case

Angela Louine Niemeyer v. Glenn Paul Niemeyer (2024) tennctapp “On October 22, 2018, Wife filed an amended complaint asserting that Ali was entitled to child support as an adult handicapped child pursuant to Tennessee Code Annotated section 36-5-102(k)(2). An agreed order dated October 31, 2018, provided that “any child support or other…”

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