Dogan v. Dogan

98 So. 3d 1115, 2012 WL 4788082, 2012 Miss. App. LEXIS 625
Court of Appeals of Mississippi·Decided October 9, 2012·No. No. 2011-CA-01104-COA·Published·Cited by 4 cases

Opinion

ROBERTS, J.,

for the Court:

¶ 1. On September 4, 2009, Barbara Carraway Dogan (Barbara) filed for divorce from David Wade Dogan III (David) citing irreconcilable differences. Then, on February 11, 2010, Barbara filed an amended complaint for divorce, adding the ground of habitual cruel and inhuman treatment, and a motion for temporary relief. The Hinds County Chancery Court entered its final judgment of divorce on April 14, 2011, granting Barbara and David a divorce on the ground of habitual cruel and inhuman treatment. Additionally, the chancellor provided an equitable distribution of Barbara and David’s assets and awarded Barbara rehabilitative alimony and permanent periodic alimony. Barbara filed a motion to alter or amend the final judgment or, in the alternative, a motion for a new trial. The chancellor denied Barbara’s motions; Barbara now appeals. ■

FACTS AND PROCEDURAL HISTORY

¶ 2. Barbara and David were married on May 23, 1981. The marriage produced three children: Patrick Hunter Dogan, born February 12, 1986; Mary Cameron Dogan, born January 23, 1990; and Ann Hamilton Dogan, born March 21, 1991. The couple separated in July 2009 when David moved out of the marital home. At the time, both Barbara and David were Hinds County residents. The initiation of divorce proceedings soon followed.

¶ 3. Barbara initially filed for divorce on September 4, 2009, citing irreconcilable differences. She then filed an amended complaint for divorce on February 11, 2010, adding the grounds of habitual cruel and inhuman treatment and constructive desertion on February 11, 2010. She also filed a motion for temporary relief. David filed an answer to Barbara’s amended complaint for divorce and motion for temporary relief. On April 27, 2010, David filed an amended answer to Barbara’s amended complaint for divorce and motion for temporary relief. He also filed a counterclaim for divorce seeking a divorce on the ground of habitual cruel and inhuman treatment or, in the alternative, irreconcilable differences. Several days later, Barbara filed'her second amended complaint for divorce and motion for temporary relief. Her answer to David’s counterclaim for divorce was filed on July 27, 2010. The chancellor held a hearing on Barbara’s motion for temporary relief on July 27, 2010 and issue a temporary order on July 29, 2010.

¶ 4. In its temporary order, the chancellor granted joint legal and physical custody of Mary Cameron and Ann Hamilton. [1120] David was ordered to pay $200 per month per child in temporary child support to be paid directly to each child. David would also pay all college expenses of Mary Cameron and Ann Hamilton, and continue providing health insurance and other medical expenses for them. David was also required to continue providing health insurance for Barbara, but Barbara was responsible for any non-covered medical expenses. The chancellor ordered David to pay Barbara $5,000 per month in alimony. Barbara was granted use and occupancy of their East Manor home, and she was directed to use the alimony to pay the home’s expenses, her automobile expenses, utilities, and anything else she deemed appropriate. David retained use and occupancy of his home on Grayhawk Parkway. Both Barbara and David retained the use of their respective automobiles. Lastly, the chancellor ordered both parties to engage in mediation.

¶ 5. The mediation was ultimately unsuccessful; however, over the course of mediation and trial, Barbara and David stipulated to the following: the value of Dogan & Wilkinson PLLC was $72,500; the value of Barbara’s interest in her business Alternatives and Dispute Resolution (ADR) was $3,682; the parties would share joint physical custody of Ann Hamilton; and because both Barbara and David made equal contributions to the marital estate, whatever was determined to be marital would be divided equally.1 The chancellor held a hearing on the remaining issues on September 21, 2010, and September 23, 2010. At the hearing, both Barbara and David testified as to their incomes and assets. Additionally, David confirmed that Barbara had sufficient grounds for a divorce on the ground of habitual cruel and inhuman treatment and that his activities would “make it impossible for [Barbara] to remain in the marriage.” The chancellor heard additional testimony from Dr. James Hurley, a Presbyterian minister and professor of Marriage and Family Therapy and Counseling; Alan Lange, resident of Kinetic Staffing, a legal recruiting business; Joe Dick, a representative from Trustmark Bank; Wilson Day, a certified divorce planner; and Amanda Phelps, office manager for Dogan & Wilkinson LLC.

¶ 6. The chancellor entered its opinion on April 12, 2011. The parties received joint legal and physical custody of Ann Hamilton, with Ann Hamilton deciding for herself which parent to spend time with when home from college. In addition to paying all of Ann Hamilton’s medical needs and maintaining a life insurance policy benefitting her, David was also ordered to pay $400 per month in child support directly to Ann Hamilton. Ann Hamilton’s college expenses were to be paid from Ann Hamilton’s educational fund if any funds remain, and the trust fund established by her grandfather if she raised her grade-point average to a “B” average. If these funds were unavailable, David was to be “solely responsible” for Ann Hamilton’s college expenses.

¶ 7. Using the factors in Ferguson v. Ferguson, 639 So.2d 921, 925 (Miss.1994), the chancellor then made an equitable distribution of property. First, the chancellor established the separate estates of both Barbara and David. He found that David had no separate estate. Barbara’s separate estate was as follows: home furnishings — $27,605; jewelry — $12,255; Regions account number 3366 — $3,372; Trustmark account number 9106 — $22,387; Regions CD number 1616 — $10,238.51; First Com-[1121] mereial CD — $8,177.90; Pershing account number 0815 — $4,294; and Pershing account number 0476 — $56,295. This totals $144,624.41. Additionally, Barbara has one trust valued at $30,856 and the Thomas L. Carraway Jr. Living Trust (Living Trust) valued at approximately $250,000 to $300,000. Including the trusts, Barbara’s separate estate was valued between $425,480.41 and $475,480.41.

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Dogan v. Dogan, 98 So. 3d 1115, 2012 WL 4788082, 2012 Miss. App. LEXIS 625 (Mich. Ct. App. 2012).

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