Beddingfield v. Beddingfield

11 So. 3d 780, 2009 Miss. App. LEXIS 348, 2009 WL 1758946
CourtCourt of Appeals of Mississippi
DecidedJune 23, 2009
Docket2008-CA-00512-COA
StatusPublished

This text of 11 So. 3d 780 (Beddingfield v. Beddingfield) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beddingfield v. Beddingfield, 11 So. 3d 780, 2009 Miss. App. LEXIS 348, 2009 WL 1758946 (Mich. Ct. App. 2009).

Opinion

LEE, P.J.,

for the Court.

PROCEDURAL HISTORY

¶ 1. Thomas and Jennifer Beddingfield were married in 1995. The parties separated sometime in 2006, and Thomas filed for a divorce in the Lauderdale County Chancery Court in November 2006. There were no children born to the parties during the marriage.

¶ 2. In October 2007, Thomas and Jennifer filed a consent to a divorce on the ground of irreconcilable differences, asking the chancellor to decide whether Jennifer was entitled to alimony and to divide the marital property. After a hearing on the matter, the chancellor divided the marital property and ordered Thomas to pay $800 per month in periodic alimony and the note on Jennifer’s mobile home. Thomas was also ordered to pay as lump-sum alimony the amount necessary to pay the delinquent balance on the monthly installment note on the mobile home. Thomas now appeals asserting that the chancellor erred in ordering him to pay alimony.

FACTS

¶ 3. At the time of the trial, Thomas lived in a double-wide mobile home located on six acres of land in Meridian, Mississippi with his mother, Rebecca Beddingfield, who currently suffers from Huntington’s disease and requires special care. Thomas possesses an eleventh-grade education and no graduation equivalent diploma. Furthermore, he claimed that he was unemployed. However, Thomas did and continues to manage and collect rent from Rebecca’s mobile-home-park residents, a task which takes about one hour each month. Rebecca refrains from compensating Thomas directly for this task, but she does pay all of his monthly bills and living expenses. Thomas was employed by Quality Logistics, but he was laid off on September 1, 2006. Thomas also earned money by cutting grass and playing in a band.

¶ 4. Jennifer, at the time of trial, was living with friends and storing some property in a mobile home located in Neshoba County. The debt owed on this mobile home is in Thomas’s and Rebecca’s names. Jennifer, at the time of trial, was unemployed and unable to work because of a disability. During the marriage Jennifer held various jobs, but now she complains of multiple physical and mental ailments. Jennifer further claimed that during the marriage, she and Thomas continuously had money in their bank accounts and that this money came primarily from the rent paid by residents at Rebecca’s trailer park. Thomas and Jennifer had no children together, but Jennifer had a child from a previous marriage, James Embry, who now lives with Jennifer, although she is not his custodial parent. Jennifer receives neither child support for James nor does she pay child support for him. Jennifer has also filed for social security benefits, but she has not received approval. At trial, there existed conflicting testimony as to whether Thomas or Jennifer committed adultery during their marriage.

STANDARD OF REVIEW

¶ 5. Our standard of review in chancery matters is well settled. This Court will not reverse a decision of a chancellor unless the chancellor’s findings were clearly erroneous, manifestly wrong, or ap *782 plied an erroneous legal standard. Pearson v. Pearson, 761 So.2d 157, 162(¶ 14) (Miss.2000).

DISCUSSION

¶ 6. In his only issue on appeal, Thomas argues that the chancellor erred in awarding Jennifer periodic and lump-sum alimony because Thomas is unemployed and the evidence shows that he cannot pay for his own living expenses, much less those of another. He argues that the chancellor incorrectly speculated that he could earn enough money to pay the alimony and that his mother could care for herself without his constant support. He further asserts that Jennifer had the burden of showing that he could afford to pay alimony and that she failed to meet this burden. Finally, Thomas argues that the chancery court disregarded his right to lead a normal life with a decent standard of living by requiring him to pay alimony.

¶ 7. Thomas first contends that the division of the marital property was such that Jennifer did not need alimony. Thomas claims that Jennifer received most of the unencumbered property and did not contribute to the accumulation of any of the marital property. In making an equitable distribution of marital assets, chancellors are directed to consider the following factors as set forth in Ferguson v. Ferguson, 639 So.2d 921, 928 (Miss.1994):

1.Substantial contribution to the accumulation of the property. Factors to be considered in determining contribution are as follows:
a. Direct or indirect economic contribution to the acquisition of the property;
b. Contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties and duration of the marriage; and
c.Contribution to the education, training or other accomplishment bearing on the earning power of the spouse accumulating the assets.
2. The degree to which each spouse has expended, withdrawn or otherwise disposed of marital assets and any prior distribution of such assets by agreement, decree or otherwise.
3. The market value and the emotional value of the assets subject to distribution.
4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as property brought to the marriage by the parties and property acquired by inheritance or inter vivos gift by or to an individual spouse;
5. Tax and other economic consequences, and contractual or legal consequences to third parties, of the proposed distribution;
6. The extent to which property division may, with equity to both parties, be utilized to eliminate periodic payments and other potential sources of future friction between the parties;
7. The needs of the parties for financial security with due regard to the combination of assets, income and earning capacity; and,
8. Any other factor which in equity should be considered.

The chancellor is not required to consider all eight factors but “may consider only those factors he finds ‘applicable’ to the property in question.” Owen v. Owen, 798 So.2d 394, 399(1113) (Miss.2001) (quoting Carrow v. Carrow, 741 So.2d 200, 202(¶ 10) (Miss.1999)). A chancellor’s division and distribution will be upheld if it is supported by substantial credible evidence. *783 Carrow v. Carrow, 642 So.2d 901, 904 (Miss.1994).

¶ 8. The chancellor noted the Ferguson factors and divided the property as follows: Thomas was awarded his 2005 double-wide mobile home; the 5.53 acres the mobile home sits upon; and certain personal property, including electronic equipment, his truck, a storage building, most of the couple’s furniture, and a washing machine and dryer.

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Related

Cherry v. Cherry
593 So. 2d 13 (Mississippi Supreme Court, 1991)
Carrow v. Carrow
741 So. 2d 200 (Mississippi Supreme Court, 1999)
Carrow v. Carrow
642 So. 2d 901 (Mississippi Supreme Court, 1994)
Owen v. Owen
798 So. 2d 394 (Mississippi Supreme Court, 2001)
Pearson v. Pearson
761 So. 2d 157 (Mississippi Supreme Court, 2000)
Ferguson v. Ferguson
639 So. 2d 921 (Mississippi Supreme Court, 1994)
Armstrong v. Armstrong
618 So. 2d 1278 (Mississippi Supreme Court, 1993)

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Bluebook (online)
11 So. 3d 780, 2009 Miss. App. LEXIS 348, 2009 WL 1758946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beddingfield-v-beddingfield-missctapp-2009.