Tinney v. Tinney
A court can find one party at greater fault for the breakdown of the marital relationship. The parties married in 2003 and have one minor child. The husband claimed that the wife knew about his prior criminal history and wanted to be with a "bad boy gone good." The husband earned about $70,000 gross per year as a licensed electrician until he was injured in March 2009. The husband claimed he was injured when working on a bridge and that other workers observed his accident. The wife alleged that the husband was injured at home. The husband underwent surgeries, and his workers' compensation claim settled for $150,000. Although the husband has not worked since 2009, the court found that he has an earning capacity of approximately $47,320. After the wife filed for divorce in 2010, the parties went camping together and reconciled. The parties separated again in 2011. The court found that their inability to buy toys—aquasports, waverunners, all-terrain vehicles and motorcycles—for recreational use, after the husband was injured, caused the marriage to deteriorate. The husband was arrested for felony possession of a weapon and incarcerated in 2012, and the court found the husband at greater fault for the breakdown of the marital relationship. The wife has a degree in civil engineering and earns $75,000 gross per year as a construction manager. The court awarded the wife sole custody of the minor child. The court ordered the husband to pay child support of $121 per week and 35 percent of unreimbursed medical expenses. The court ordered each party to maintain life insurance in the amount of $100,000, for the benefit of the minor child. The court ordered each party to pay alimony of $1 per year. The court ordered the parties to sell the marital residence and awarded the wife 66 percent of the net proceeds. The court awarded the wife the BMW, Dodge Ram, Lincoln Navigator, and the Volkswagen Jetta. The court awarded the husband the Chevy. The court ordered the husband to pay attorneys' fees of $250, plus $25 per day, until he returns the family dog.