Crow v. Crow

622 So. 2d 1226, 1993 WL 184578
CourtMississippi Supreme Court
DecidedJune 3, 1993
Docket91-CA-1049
StatusPublished
Cited by110 cases

This text of 622 So. 2d 1226 (Crow v. Crow) 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
Crow v. Crow, 622 So. 2d 1226, 1993 WL 184578 (Mich. 1993).

Opinion

622 So.2d 1226 (1993)

Roy H. CROW
v.
Lynette CROW.

No. 91-CA-1049.

Supreme Court of Mississippi.

June 3, 1993.
Rehearing Denied September 23, 1993.

*1227 Charles R. Wilbanks, Corinth, for appellant.

Thomas H. Comer, Jr., Comer & Jenkins, Booneville, for appellee.

Before PRATHER, P.J., and SULLIVAN and PITTMAN, JJ.

PRATHER, Justice, for the Court:

I. INTRODUCTION

STATEMENT OF THE CASE

This domestic relations appeal, which had its genesis in the filing by the wife of a "Complaint for Citation of Contempt," seeks reversal of the chancellor's finding of fact that Roy H. Crow was in arrears in child support payments in the amount of $5,640.00. The chancellor entered a decree adjudicating that husband was in arrears, but not in willful contempt. The husband also seeks reversal of the chancellor's denial of certain credits and denial of the husband's counterclaim seeking emancipation and relief from basic support of his twenty-one (21) year old daughter.

II. FACTS

STATEMENT OF THE FACTS

Appellant, Roy H. Crow [hereinafter "Roy"] and Lynette Crow [hereinafter "Lynette"] were married on October 14, 1966. They separated on December 31, 1989.

The parties had filed a joint complaint for divorce on February 6, 1990. A four (4) page stipulation and separation agreement executed by both parties and attached to their complaint granted to Lynette custody of the couple's two minor children, Karen Crow and Tina Crow, then seventeen (17) and nineteen (19) years of age, respectively.

In the separation agreement, which was incorporated into the final judgment of divorce, Roy agreed to pay "to the Wife ..." the sum of $600.00 per month for the support of Karen and Tina and all reasonable college expenses.

The agreement further provided that Roy would convey to Lynette the titles to the Z-28 automobile and the 1983 Blazer automobile, would assume and make monthly payments to the Peoples Bank for the indebtedness on the 1983 Blazer, and would indemnify and hold Lynette harmless from said indebtedness. Roy further agreed to pay for health insurance and medical, dental, and drug expenses not covered by said insurance. A final decree of divorce awarded on the grounds of irreconcilable differences was entered on April 13, 1990, by the Chancery Court of Alcorn County.

On May 14, 1991, thirteen months after the divorce, Lynette filed her complaint for citation of contempt alleging inter alia, that Roy had failed to pay all of the child support required of him and had not conveyed his interest in and title to plaintiff's automobile. Lynette prayed for a judgment against Roy "for all sums due" and asked that Roy be required to execute all documents necessary to abide by the orders issued by the Court.

Roy answered with a general denial. Roy also filed a counterclaim in which he alleged there had been a material and substantial change in the circumstances since the rendition of the divorce decree. Roy sought certain credits and a declaration that Tina Crow had been emancipated upon reaching her twenty-first birthday in February, 1991.

Following trial the chancellor declined to hold Roy in contempt, but found him in arrears. The court found as a fact from the testimony of the parties that during the sixteen (16) month period of time between the divorce awarded on April 13, 1990, and August 31, 1991, Roy should have paid child support to Lynette in the amount of $9,600.00. The chancellor gave Roy credit for checks written directly to Tina and Karen totaling $3,410.00, for a $150.00 check written on Roy's business account, and for a $400.00 check written by Lynette for automobile repairs. Roy's total credit was *1228 $3,960.00, and his total arrearage as of August 31, 1991, was $5,640.00 which amount was awarded to Lynette. Roy was directed to replace the Blazer automobile, which had been wrecked, by paying to Lynette the sum of $4000.00 in insurance proceeds that Roy had received and used to pay off the bank lien.

The chancellor declined to give Roy credit for certain utility bills voluntarily paid by Roy and denied Roy's counterclaim for modification of child support sought on the ground that Tina had been emancipated.

III. ANALYSIS

DISCUSSION

A. Scope of Review

Our scope of review in domestic relations matters is limited. "This Court will not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Bell v. Parker, 563 So.2d 594, 596-97 (Miss. 1990).

In other words, "[o]n appeal [we are] required to respect the findings of fact made by a chancellor supported by credible evidence and not manifestly wrong." Newsom v. Newsom, 557 So.2d 511, 514 (Miss. 1990). This is particularly true "in the areas of divorce and child support." Nichols v. Tedder, 547 So.2d 766, 781 (Miss. 1989).

B. Child Support

Roy contends he clearly established by a preponderance of the evidence he had paid the child support and was not in arrears. Lynette, on the other hand, denies this allegation.

Under the terms of the decree of divorce, Roy was to pay directly to Lynette the sum of $600.00 a month for the support and maintenance of the two children. Lynette testified that although Roy had paid nothing to her directly, he had paid around $4000.00 to the children in both checks and cash, and she was willing to give him credit for this amount. While admitting that Roy had made payments with both checks and cash, she denied he had made sizable support payments in cash. Lynette, much like Roy, kept no records.

Roy testified that since the divorce he had written checks to both Tina and Karen in the amount of $150.00 every other week save for a period of three or four weeks when Lynette came into possession of a business check which she later returned. Lynette emphatically denied this was the only occasion that Roy had missed a payment.

Roy produced cancelled checks attesting to payments made to the children in the amount of $3,410.00. He claimed he had paid everything they needed for college, but he didn't know the amount.

In the final analysis, Roy kept no records, obtained no receipts, and had no idea as to the amount of money he had paid for regular child support which had been intermingled with other payments for care and maintenance such as college and health related expenses. It is difficult to ascertain the accuracy of Roy's claim that he paid $6000.00 in cash to his children, a great deal of which was purportedly placed inside a mailbox. The chancellor found the amount of child support due from April 13, 1990, (the date of the divorce) to August 31, 1991, (the month prior to trial) to be $9,600.00. Elementary math points to the correctness of this finding of fact ($600.00 X 16 months = $9,600.00). The credit of $3,960 given by the chancellor left the balance due of $5,640, which amount was awarded to Lynette.

Whether Roy was in arrears and the amount of any arrearage involved questions of fact. "[T]he findings of the chancery court concerning findings of fact, particularly in the areas of divorce and child support, will generally not be overturned by this Court on appeal unless they are manifestly wrong." Nichols v. Tedder, supra, 547 So.2d 766, 781 (Miss. 1989), and the cases cited therein. These fact-findings are the equivalent of a jury's verdict upon conflicting evidence. Voss v. Stewart, 420 So.2d 761 (Miss. 1982).

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

Related

Jennifer Ladner Bird v. Joshua J. Ladner
Court of Appeals of Mississippi, 2025
Van Edwin Stewart, Jr. v. Catherine H. Stewart (Hall)
Court of Appeals of Mississippi, 2024
George F. Manley v. Julie I. Manley
Court of Appeals of Mississippi, 2023
Daniel Reese Wise, Jr. v. Elizabeth Ann Broome
Court of Appeals of Mississippi, 2022
Tammy H. Ratliff v. Dennis Ratliff
271 So. 3d 697 (Court of Appeals of Mississippi, 2018)
David H. Vincent v. Joan Hankins Rickman
239 So. 3d 501 (Court of Appeals of Mississippi, 2017)
Deveaux Carter v. Allen Davis
235 So. 3d 106 (Court of Appeals of Mississippi, 2017)
Timothy A. Hughes v. Mariel Hughes
186 So. 3d 394 (Court of Appeals of Mississippi, 2016)
Patrick W. Deckard v. Lesa M. Deckard
165 So. 3d 533 (Court of Appeals of Mississippi, 2015)
Barry R. Artz v. Shannon C. Artz
163 So. 3d 983 (Court of Appeals of Mississippi, 2015)
Jack H. Wilson, Jr. v. Joy Elizabeth Stewart
171 So. 3d 522 (Court of Appeals of Mississippi, 2014)
Archie v. Archie
126 So. 3d 937 (Court of Appeals of Mississippi, 2013)
Gillespie v. Gillespie
106 So. 3d 869 (Court of Appeals of Mississippi, 2013)
Smith v. Smith
20 So. 3d 670 (Mississippi Supreme Court, 2009)
Andres v. Andres
22 So. 3d 314 (Court of Appeals of Mississippi, 2009)
Wallace v. Wallace
12 So. 3d 572 (Court of Appeals of Mississippi, 2009)
Farrior v. Kittrell
12 So. 3d 20 (Court of Appeals of Mississippi, 2009)
Holliday v. Stockman
969 So. 2d 136 (Court of Appeals of Mississippi, 2007)
C.K. v. J.M.S.
931 So. 2d 724 (Court of Civil Appeals of Alabama, 2005)
In Re Guardianship of Brown
902 So. 2d 604 (Court of Appeals of Mississippi, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
622 So. 2d 1226, 1993 WL 184578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crow-v-crow-miss-1993.