Elam v. Hinson

932 So. 2d 76, 2006 WL 1679367
CourtCourt of Appeals of Mississippi
DecidedJune 20, 2006
Docket2005-CA-00844-COA, 2003-CA-00239-COA
StatusPublished
Cited by2 cases

This text of 932 So. 2d 76 (Elam v. Hinson) 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
Elam v. Hinson, 932 So. 2d 76, 2006 WL 1679367 (Mich. Ct. App. 2006).

Opinion

932 So.2d 76 (2006)

Andrea Marshall ELAM f/k/a Andrea Carol Marshall Hinson, Appellant,
v.
Melvin HINSON, Appellee.
Andrea Carol Marshall Hinson, Appellant,
v.
Melvin Hinson, Appellee.

Nos. 2005-CA-00844-COA, 2003-CA-00239-COA.

Court of Appeals of Mississippi.

June 20, 2006.

B. Blake Teller, Vicksburg, attorney for appellant.

*77 Edwin Woods, attorney for appellee.

Before MYERS, P.J., SOUTHWICK and BARNES, JJ.

BARNES, J., for the Court.

¶ 1. Andrea Hinson appeals a final judgment of divorce granted by the Chancery Court of Warren County. On appeal, Andrea contests the chancery court's division of the marital assets and argues that she should have been awarded lump sum alimony. We find that the chancery court's division of the assets and decision to award only periodic alimony is supported by the record and therefore affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. On July 26, 2001, Andrea filed for divorce from her husband Melvin on the grounds of habitual cruel and inhuman treatment and adultery, or, in the alternative, irreconcilable differences. Melvin counterclaimed alleging similar grounds. Both parties then withdrew their fault-based grounds for divorce and agreed to a divorce on the grounds of irreconcilable differences. The parties were unable to agree, however, on the issues of property settlement, alimony, and child support and custody. These issues were tried before a chancellor on October 1, 2002. The chancellor issued a bench ruling on November 4, 2002, which granted Andrea physical custody of the parties' two minor children, divided the marital property, and awarded periodic alimony to Andrea. Aggrieved by the ruling, Andrea filed a motion for a new trial or to alter or amend the judgment, which was denied by the chancery court. Andrea then appealed the denial of her motion. On appeal, this Court found that we did not have jurisdiction to review Andrea's appeal because no final judgment of divorce had been entered by the chancery court. Hinson v. Hinson, 877 So.2d 547 (Miss.Ct.App.2004). In that decision, we also noted that we would be unable to adjudicate Andrea's appeal until the chancellor had made findings of fact in support of her judgment. Id. at 548(¶ 6).

¶ 3. Andrea accordingly filed a second motion for a new trial or to alter or amend the judgment and for entry of final judgment with the chancery court. The chancellor denied that motion, and entered findings of fact and conclusions of law on March 8, 2005. On April 21, 2005, the chancellor entered a final judgment of divorce, from which Andrea timely appealed to this Court.

¶ 4. The chancellor found that the parties were married on June 16, 1984. The parties had two children, aged ten and seven at the time of trial. Melvin Hinson was a plumber who originally worked for his father in Hinson Plumbing Company. Because his father suffered from declining health, Melvin eventually took over the business and changed the focus from residential to commercial plumbing. From the point that his father retired, the business was a sole proprietorship in Melvin's name.

¶ 5. When the parties married, Andrea had spent one year in a community college. Andrea then went back to college and finished her studies at Mississippi College, obtaining an undergraduate degree in education. Andrea's father paid her tuition. After Andrea's graduation in 1992, she and Melvin started their family. In 1998, Andrea began teaching full-time in Vicksburg. She obtained a master's degree in elementary education in 2002, which was paid for by Hinson Plumbing. Throughout the marriage, both parties' living expenses were paid for by Hinson Plumbing; Andrea was allowed to retain all of her income for personal use. Melvin also provided a maid for the home so that Andrea *78 could spend time with the children and pursue her teaching career.

¶ 6. Melvin and Andrea separated in January 2001. At that time, they owned three parcels of real estate: the marital residence, which was located on 3.3 acres of land; a 13 acre section of land; and a 19 acre section of land. The chancellor determined at trial that the collective value of the real estate was $163,000. The parties owned several vehicles, including four work trucks used by Melvin's business, and a 1999 Chevrolet Tahoe driven by Andrea and financed by Melvin. The collective value of the vehicles was $120,000. Also included in the marital estate was equipment related to the plumbing business, including trackhoes, trenchers, and trailers, the undisputed value of which was $140,000.

¶ 7. The cash assets of the parties were disputed at trial. Andrea claimed that Melvin had $82,179 in cash. Melvin stated that Andrea came up with this figure because he, through Hinson Plumbing, had received a check for that exact amount during the month that Andrea was compiling her estimate of the marital assets. Melvin testified that the only cash he possessed at the time of trial was approximately $4,000, which he claimed was the amount remaining after he had paid the payroll for Hinson Plumbing. Andrea stated that Melvin had approximately $100,000 in certificates of deposit. Melvin, however, claimed that this figure was closer to $64,000, and that the certificates were encumbered by debt. As to liabilities, Andrea claimed that Melvin owed $158,960, while Melvin stated that he owed $180,000. Additionally, Melvin claimed that a judgment had been entered against him in the Circuit Court of Hinds County in the amount of $53,000.

¶ 8. At the time of the trial, Andrea was employed as a full-time teacher, making approximately $30,000 annually. The chancellor found that Melvin earned approximately $80,000 per year through his business. Andrea's job provided health insurance with her salary, while Melvin, being self-employed, received no health benefits in addition to his salary.

¶ 9. At the close of trial, the chancellor awarded joint legal custody of the children, and awarded physical custody of both children to Andrea. All of the property owned by the parties was designated as marital property.[1] Melvin was ordered to pay $1,300 per month in child support and $350 per month in periodic alimony. He was ordered to maintain health insurance and a $500,000 life insurance policy for the benefit of the children. As to the real property owned by the parties, the chancellor awarded the 13 acre tract to Andrea, and the 19 acre tract to Melvin. Both parties received an equal interest in the marital home and the 3.3 acres upon which it was located, and the mortgage on the home was divided equally between the parties.[2] Andrea was awarded the Chevrolet Tahoe, and Melvin was required to continue making the payments on it. Melvin was allowed to keep the equipment, tools, and vehicles necessary to operate his business. He was also awarded his hunting dogs, a bass boat, and his motorcycle.

¶ 10. On appeal, Andrea contends that the chancellor failed to distribute the marital property equitably. In support of this contention, she essentially re-argues the evidence introduced at trial. She also argues that she is entitled to an award of *79 lump sum alimony because she assisted in the plumbing business, and because she claims that the chancellor's award does not afford her the same standard of living to which she was accustomed prior to the parties' divorce. Under our limited standard of review, we find that the chancellor did not abuse her discretion in dividing the marital assets or in her award of alimony. Accordingly, we affirm.

STANDARD OF REVIEW

¶ 11.

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Bluebook (online)
932 So. 2d 76, 2006 WL 1679367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elam-v-hinson-missctapp-2006.