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Dana Foust Bochette v. Michael Louis Bochette
State: Tennessee
Court: Court of Appeals
Docket No: M2009-00113-COA-R3-CV
Case Date: 02/02/2010
Plaintiff: Dana Foust Bochette
Defendant: Michael Louis Bochette
Preview:IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs, November 13, 2009

DANA FOUST BOCHETTE v. MICHAEL LOUIS BOCHETTE
A ppeal from the Circuit Court for W ilson C ounty
N o. 5601D V C H on. C lara Byrd, Judge

N o. M 2009-00113-CO A-R3-C V -February 2, 2010
In this divorce case, the Trial Court awarded the wife the divorce, and awarded her alimony in solido. One-half of the equity in the home was awarded to the w ife, and other one-half of the equity in the home w as aw arded to the w ife as alimony in solido. The Court also awarded the w ife one-half of the w orkers' compensation settlement proceeds obtained by the husband during the marriage. On appeal, the husband questioned the distribution of the marital property and the Trial Court's ruling that the w orkers' compensation award was also marital property. O n appeal, w e affirm the Judgment of the Trial Court.
Tenn. R . A pp. P.3 A ppeal as of Right; Judgment of the Circuit Court Affirm ed.
HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which CHARLES D . SUSANO, JR., J., and D. M ICHAEL SWINEY, J., joined.
F. M ichie Gibson, Jr., Nashville, Tennessee, for the appellant, M ichael Louis Bochette.
Brody N . Kane and Angel P. Kane, Lebanon, Tennessee, for the appellee, Dana Foust Bochette.

O PINIO N
Background
Plaintiff wife brought this divorce action against defendant husband. The parties were married in 1980, and separated in 2006, and at the time of the filing of the divorce, the parties had one grown child and one child who had not yet reached majority. The wife alleged several grounds for divorce and sought custody of the minor child, support for the child, an equitable property division, and exclusive possession of the marital residence and Pendente Lite Support.
The husband filed an Answer, generally denying the allegations, but admitted the wife should have custody of the child.  
In hearings by the Trial Court on the wife's motions, the Court ordered the husband to pay pendente lite support of $1,962.00 per month, and the wife would continue to pay the mortgage, insurance, and credit card debts.  All other issues were reserved for the final hearing.
In yet another hearing, the Court found the husband was $2,321.00 in arrears on his support obligation, and ordered the husband to pay the arrearage by a date certain. The Court ordered the parties to mediation, and denied the husband
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