Burt v. Burt

841 So. 2d 108, 2001 WL 954170
CourtMississippi Supreme Court
DecidedAugust 23, 2001
Docket2000-CA-00857-SCT
StatusPublished
Cited by12 cases

This text of 841 So. 2d 108 (Burt v. Burt) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burt v. Burt, 841 So. 2d 108, 2001 WL 954170 (Mich. 2001).

Opinion

841 So.2d 108 (2001)

Bruce BURT
v.
Amber D. BURT.

No. 2000-CA-00857-SCT.

Supreme Court of Mississippi.

August 23, 2001.

*109 Ross R. Barnett, Jr., Jackson, Attorney for Appellant.

Gail S. Akin, Jackson, James Randal Wallace, Jr., Attorneys for Appellee.

EN BANC.

COBB, J., for the court:

¶ 1. This is an appeal from a final judgment of the Hinds County Chancery Court, First Judicial District. Less than a year after she reached the age of twenty-one years, Amber Burt (Amber), filed suit against her father, Bruce Burt (Bruce), for child support unpaid since 1989.[1] The chancellor, after hearing testimony from Amber, Bruce and Bruce's former wife, entered an order requiring Bruce to pay Amber $29,795 in back child support plus $13,882 interest. This amount, awarded solely to Amber, included the entire monthly sum ordered for both her and her brother in their parents' 1978 divorce. At the hearing there were numerous, short statements made regarding Bruce's son Todd (Amber's brother), who at the time of the hearing was 25 years old. However, Todd was not a party to this suit and no provision was asked for him, nor made for him when the chancellor granted the entire back child support award to Amber. The method of calculating the amount was determined by Gerald Lee, Ph.D. and stipulated to by the parties. However, Bruce's counsel added a handwritten statement to the stipulation, saying that they did "not admit that we owe anything." Following the chancellor's decision, Bruce timely filed a notice of appeal to this Court, raising two issues:

I. WHETHER THE TRIAL COURT'S ORDER WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE AND THE *110 APPLICABLE LAW, AND ACCORDINGLY, WAS CLEARLY AND MANIFESTLY IN ERROR?
II. WHETHER AMBER LACKS CLEAN HANDS?

Finding no manifest error or abuse of discretion in the decision of the trial court, we affirm.[2]

FACTS

¶ 2. On December 20, 1978, Bruce and Amber's mother, Gloria Burt, was granted a divorce by the Hinds County Chancery Court. Bruce and Gloria had two children at the time of the divorce: Amber, who was born July 10, 1977, and Todd, who was born October 11, 1974. Under the terms of the 1978 divorce decree, Bruce was ordered to pay Gloria $275 per month in child support "for the minor children." There was no mention of any special needs or any special allocation between the children, so the presumption, albeit rebuttable, is that each was entitled to one half of the $275 each month. Varner v. Varner, 588 So.2d 428, 434 (Miss.1991).

¶ 3. Gloria died on January 24, 1989. Bruce did not make any child support payments after Gloria's death. Amber lived with her grandparents in Jackson, Mississippi, for several years following the death of her mother. At approximately 16 years of age, Amber began to live in a variety of places, all of which were in the Jackson area. During the summer of 1993 she lived in an apartment with her friend Stephanie and Stephanie's mother. Amber lived with her father for approximately four to six months during 1993 and 1994. Amber testified that she moved out of her father's home because she was uncomfortable with his drinking. Later, she moved in with her boyfriend at the time, where she lived from November, 1995 until July 1996.

¶ 4. During that same time, Amber worked several different places. She worked at Jan's Hallmark (20 to 30 hours per week) and then at Victoria's Secret (15 hours per week). She also worked as a waitress for a few months at Cucco's and Bennigan's restaurants. Amber apparently worked full-time at Mississippi Insurance Managers, and at the time of the hearing, she was employed by an engineering firm. Amber also attended school during part of this time.

¶ 5. Amber had no contact with her father for the seven years preceding the hearing. Bruce's ex-wife, Tina Nail Burt Price, testified that Bruce did attempt unsuccessfully to contact Amber on several occasions when she lived with her grandparents. Bruce testified that he was willing for his children to live with him when Amber left his home and that after she left he would have still welcomed her back into his home at any time.

¶ 6. During the hearing, Bruce contended that Amber's activities after she moved out of his home served to emancipate her. He pointed to her independent way of life, living with other families, friends and a boyfriend, claiming that those activities effectively emancipated her. As a result, *111 Bruce contends Amber was not due any child support.

STANDARD OF REVIEW

¶ 7. In cases involving alimony and child support we afford the chancellor considerable discretion. The chancellor's findings will not be reversed unless manifestly in error or an abuse of discretion. Tanner v. Roland, 598 So.2d 783, 786 (Miss.1992). Our familiar rule of deference prohibits us from disturbing the factual finding of a chancellor unless it is manifestly wrong or clearly erroneous. Bowers Window & Door Co. v. Dearman, 549 So.2d 1309, 1313 (Miss.1989). For questions of law, our standard of review is de novo. Harrison County v. City of Gulfport, 557 So.2d 780, 784 (Miss.1990).

ANALYSIS

I. WHETHER THE TRIAL COURT'S ORDER WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE AND THE APPLICABLE LAW, AND ACCORDINGLY, WAS CLEARLY AND MANIFESTLY IN ERROR?

¶ 8. Within this broad assignment of error, Bruce first claims that the judgment was against the overwhelming weight of the evidence and the applicable law because Amber was an emancipated minor. Bruce cites Rennie v. Rennie, 718 So.2d 1091, 1093 (Miss.1998), as authority that the obligation to pay child support ends when a minor is emancipated. However, Bruce does not provide a specific date on which he believes Amber was emancipated and simply argues that the chancellor should have ruled that Amber was emancipated at some point prior to her reaching the age of maturity. Amber contends that the emancipation issue is irrelevant because emancipation is not a defense to past due child support. We agree. Bruce's reliance on Rennie, which is distinguishable from the instant case because it dealt with future obligations, not past due child support, is misplaced. This Court in Rennie exempted a father from future payments. The payments in the present case are past due, and now that Amber is an adult, there is no issue of future payments.

¶ 9. Emancipation was defined by this Court in Caldwell v. Caldwell, 579 So.2d 543, 549 (Miss.1991)(citing Pass v. Pass, 238 Miss. 449, 454, 118 So.2d 769, 771 (1960)), as follows:

Emancipation, as employed in the law of parent and child, means the freeing of a child for all the period of its minority from the care, custody, control, and service of its parents; the relinquishment of parental control, conferring on the child the right to its own earnings and terminating the parent's legal obligation to support it.

The statute governing emancipation is Miss.Code Ann. § 93-5-23 (Supp.2000) which reads in pertinent part as follows:

The duty of support of a child terminates upon the emancipation of the child. The court may determine that emancipation has occurred and no other support obligation exists when the child:
(a) Attains the age of twenty-one (21) years, or
(b) Marries, or

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tammy H. Ratliff v. Dennis Ratliff
271 So. 3d 697 (Court of Appeals of Mississippi, 2018)
Ravenstein v. Ravenstein
167 So. 3d 210 (Mississippi Supreme Court, 2014)
Stout v. Stout
144 So. 3d 177 (Court of Appeals of Mississippi, 2013)
Kelly Baker v. RR Brink Locking Systems, Inc.
721 F.3d 716 (Fifth Circuit, 2013)
Hays v. Alexander
114 So. 3d 704 (Mississippi Supreme Court, 2013)
Evans v. Mississippi Department of Human Services
36 So. 3d 463 (Court of Appeals of Mississippi, 2010)
Strack v. Sticklin
959 So. 2d 1 (Court of Appeals of Mississippi, 2006)
Department of Human Services v. Blount
913 So. 2d 326 (Court of Appeals of Mississippi, 2005)
Brown v. Brown
822 So. 2d 1119 (Court of Appeals of Mississippi, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
841 So. 2d 108, 2001 WL 954170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burt-v-burt-miss-2001.