Glass v. Glass

857 So. 2d 786, 2003 WL 22390060
CourtCourt of Appeals of Mississippi
DecidedOctober 21, 2003
Docket2002-CA-01867-COA
StatusPublished
Cited by9 cases

This text of 857 So. 2d 786 (Glass v. Glass) 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
Glass v. Glass, 857 So. 2d 786, 2003 WL 22390060 (Mich. Ct. App. 2003).

Opinion

857 So.2d 786 (2003)

Marie GLASS, Appellant,
v.
Florence Edward GLASS, Appellee.

No. 2002-CA-01867-COA.

Court of Appeals of Mississippi.

October 21, 2003.

*787 Steven Detroy Settlemires, attorney for appellant.

Ronald Stephen Wright, Ackerman, attorney for appellee.

EN BANC.

LEE, J., for the Court.

PROCEDURAL HISTORY

¶ 1. Marie and Florence Edward Glass (Edward) were married in December 1985. Marie filed a complaint for divorce in December 2000 in the Neshoba County Chancery Court, plus filed a motion for temporary relief requesting alimony, among other things. Edward filed a counter complaint for divorce in April 2001.

¶ 2. In January 2001, the parties consented to an agreed temporary order whereby Marie was granted sole use of the marital home, Edward was ordered to pay both the first and second mortgages on the home, and Edward was ordered to pay Marie $1,000 per month as temporary alimony. Thereafter, Marie filed two motions for contempt for Edward's failure to abide by the terms of the temporary *788 agreement, but the chancellor declined to so find. In April 2002, the chancellor issued his opinion wherein he granted Marie a divorce on grounds of habitual cruel and inhuman treatment as well as desertion, plus granted Marie ownership of the marital home with Edward paying $1,200 per month in alimony to Marie for ten years. Marie subsequently filed a motion for amplification asking that the chancellor address issues he failed to address in his opinion, namely concerning who is responsible for the indebtedness on the marital home, Edward's failure to pay alimony, the chancellor's failure to divide certain marital assets including a retirement account valued at approximately $70,000, and various other points. In a supplemental opinion, the chancellor cited McLemore v. McLemore, 762 So.2d 316 (Miss.2000) and ordered Edward to quitclaim his interest in the marital home to Marie, but declined to find Edward in contempt for failure to comply with the temporary order. The chancellor also ordered Edward to pay $6,000 to Marie representing six months of unpaid alimony, and awarded fifty percent of Edward's retirement account to Marie. Concerning marital debt, the chancellor found that although Marie listed marital debt on her 8.05 financial statement she failed to provide supporting documentation, thereby alleviating any obligation on the chancellor to rule on this issue. The chancellor also denied Marie's request for a wage withholding order to collect alimony from Edward. Marie filed a motion for amplification and/or reconsideration asking that the chancellor order Edward to pay the indebtedness on the marital home, to maintain health insurance on her, and to require Edward to pay the marital indebtedness. The chancellor denied this motion and, in his final judgment, incorporated his previous orders.

¶ 3. Marie appeals to this Court alleging the following: (1) the court committed manifest error by not requiring Edward to pay the indebtedness on the marital home and other marital indebtedness; (2) the court erred by failing to consider and make findings on the applicable Ferguson factors with regard to the marital debt; (3) the court erred by not finding Edward in contempt for failure to make monthly alimony payments as required by the agreed temporary order and (4) the court erred by not ordering Edward to maintain insurance on Marie for as long as the law allows. The facts will be discussed in further detail in the discussion of each issue; however, having reviewed each issue, we find no merit and affirm.

DISCUSSION

I. DID THE COURT COMMIT MANIFEST ERROR BY NOT REQUIRING EDWARD TO PAY THE INDEBTEDNESS ON THE MARITAL HOME AND OTHER MARITAL INDEBTEDNESS?

¶ 4. Marie argues that Edward's failure to file the required financial statement rendered the statement she filed more persuasive, and the chancellor erred in failing to so find. In reviewing the decision of a chancellor in a domestic case, we will not reverse unless the chancellor was manifestly wrong, abused his discretion, or applied an erroneous legal standard. Reynolds v. Reynolds, 755 So.2d 467(¶ 5) (Miss.Ct.App.1999).

¶ 5. Marie claims that the chancellor erred in finding that insufficient credible evidence was presented to show the existence of joint indebtedness and the amount of such indebtedness. We look to McLemore v. McLemore, 762 So.2d 316 (Miss.2000), which both parties claim supports their positions.

¶ 6. In McLemore, both parties to the divorce action failed to introduce any evidence *789 concerning marital debts either in their financial statements or in their testimony. On appellate review, the supreme court stated:

Financial declarations introduced at trial could have been the subject of much cross examination and interpretation. [The appellant's] failure to introduce any evidence of "joint debt" at trial precludes this Court from considering whether the chancellor should have made a division based on such.

McLemore, 762 So.2d at 321 (¶ 16). Marie attempts to distinguish the present case from McLemore by showing that she included marital debts in her financial declaration, and the chancellor should have used this information in reaching his decision, especially since Edward failed to file his financial declaration. Edward rebuts that McLemore is persuasive since evidence introduced at trial alleged that some of Marie's post-separation debts were obtained by fraud.

¶ 7. We look to the evidence the chancellor had before him concerning marital debt and find such evidence to be sparse. Edward failed to provide any information concerning finances, including failing to submit the required financial declaration pursuant to Rule 8.05 of the Uniform Chancery Court Rules. On Marie's financial declaration she included a statement of liabilities listing the names of credit card companies, medical service persons and other businesses and listed a current balance for each creditor. No accompanying statements or bills were submitted for these liabilities, and the chancellor determined that some of the obligations were incurred subsequent to the couple's separation and were obtained by fraudulent means. After the trial at the chancellor's request, data concerning the payment history of two mortgages on the home was partially furnished in what the chancellor called a "very confusing" format. In our review of this information, we find the chancellor did not err in reaching the conclusion he did due to the lack of reliable information concerning the marital debts.

II. DID THE CHANCELLOR ERR BY FAILING TO CONSIDER AND MAKE FINDINGS ON THE APPLICABLE FERGUSON FACTORS WITH REGARD TO THE MARITAL DEBT?

¶ 8. In her second issue, Marie argues that the chancellor failed to address the Ferguson factors concerning division of marital debt. See Ferguson v. Ferguson, 639 So.2d 921, 928 (Miss.1994).

As with most matters appealed from the chancery court, this Court "employs a limited standard of review" of the division and distribution of property in divorces. Such division and distribution "will be upheld if it is supported by substantial credible evidence." This Court will not substitute its judgment for that of the chancellor "[e]ven if this Court disagree[s] with the lower court on the finding of fact and might ...

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Bluebook (online)
857 So. 2d 786, 2003 WL 22390060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glass-v-glass-missctapp-2003.