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Anthony Gale Wix v. Cathy Marie Wix

Citation: Not availableDocket: M2000-00230-COA-R3-CV

Court: Court of Appeals of Tennessee; March 6, 2001; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case before the Court of Appeals of Tennessee, the dissolution of an eighteen-year marriage involved disputes over custody, visitation, child support, and division of marital assets. The trial court granted the wife a divorce based on the husband's extramarital affair, awarding her sole custody of their two minor children and denying the husband visitation rights, citing moral reasons. The husband appealed, arguing that the trial court's decisions were influenced by moral disapproval rather than evidence. The appellate court concurred, reversing the visitation and child support orders, as they were not supported by the evidence and did not consider the children's best interests. Additionally, the court found no basis for increasing child support due to perceived willful underemployment. The division of marital property and debts was upheld, considering factors such as the marriage's duration and the wife's lack of marketable skills. The trial court's reliance on the legal maxim “false in one, false in all” to discredit the husband's testimony was deemed excessive. The case was remanded for the trial court to implement the visitation order and adjust child support according to the husband's actual income.

Legal Issues Addressed

Assessment of Witness Credibility and Testimony

Application: The trial court's reliance on the legal maxim 'false in one, false in all' to deem the father's testimony unreliable was scrutinized, with the appellate court finding it excessive to completely discredit his testimony.

Reasoning: The appeal addresses the trial court’s use of the legal maxim 'false in one, false in all' to deem Mr. Wix’s testimony unreliable.

Child Support Adjustment Based on Employment Status

Application: The trial court's decision to increase child support based on the father's perceived willful underemployment was reversed as it lacked factual support.

Reasoning: The trial court's finding that he was willfully underemployed due to pursuing an adulterous relationship lacks factual support and contradicts the testimonies of both Mr. and Ms. Wix.

Division of Marital Assets and Dissipation

Application: The appellate court found that the trial court erred in linking the father's relationship with the failure of his business, affecting the consideration of asset dissipation.

Reasoning: The appellate review found the trial court erred in linking Mr. Wix's infatuation with the business's failure but upheld the division of marital property.

Equitable Division of Marital Property and Debts

Application: The trial court's division of marital property and debts was upheld by the appellate court, finding no error in the trial court's consideration of various equitable factors.

Reasoning: The trial court appropriately considered various factors, such as the long duration of the marriage, the non-monetary contributions of Ms. Wix, her lack of education and marketable skills, and her medical condition, which impaired her ability to work.

Termination of Parental Rights and Visitation under Moral Considerations

Application: The trial court denied visitation rights to the father based on moral disapproval of his conduct, but the appellate court reversed this decision as it lacked evidentiary support and did not align with the best interests of the children.

Reasoning: The appellate court concurred, noting that the trial court's judgment was influenced by moral disapproval of Mr. Wix's actions, which overshadowed the best interests of the children.