Grant v. Grant

765 So. 2d 1263, 2000 WL 1204606
CourtMississippi Supreme Court
DecidedAugust 24, 2000
Docket1999-CA-00736-SCT
StatusPublished
Cited by17 cases

This text of 765 So. 2d 1263 (Grant v. Grant) 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
Grant v. Grant, 765 So. 2d 1263, 2000 WL 1204606 (Mich. 2000).

Opinion

765 So.2d 1263 (2000)

Clifton Earl GRANT
v.
Sandra Moore GRANT.

No. 1999-CA-00736-SCT.

Supreme Court of Mississippi.

August 24, 2000.

*1264 Richard H. Young, Brandon, Attorney for Appellant.

Pat Donald, Madison, Attorney for Appellee.

EN BANC.

*1265 PRATHER, Chief Justice, for the Court:

¶ 1. On December 30, 1982, Clifton Earl Grant and Sandra Moore Grant married. Two children were born of that marriage; Charles Patrick Grant, a male child, whose date of birth is February 2, 1985, and Shellonda Patrice Grant, a female child, whose date of birth is April 21, 1993. On June 30, 1998, the Chancery Court of the First Judicial District of Hinds County entered an interlocutory order in response to a complaint filed by Sandra for child custody and support. In that order, the chancery court awarded temporary legal and physical custody to Sandra and ordered Clifton to pay $500 per month child support. Clifton then filed an Answer and Counterclaim for Divorce, wherein he sought physical and legal custody of Patrick and requested the court award him a divorce based on constructive desertion grounds.

¶ 2. On March 22, 1999, the chancery court entered its Final Judgment for Child Custody and Support and Denying Divorce. In the judgment, the chancellor granted physical and legal care, custody and control of both Patrick and Shellonda to their mother, Sandra, and ordered Clifton to pay Sandra $500 per month child support. The chancellor also denied Clifton's counterclaim for divorce, stating that Clifton has not "shown by clear and convincing evidence his entitlement to a divorce on the grounds of constructive desertion." Additionally, the chancellor issued an order awarding attorney fees, in the amount of $2,942.00, to Sandra. Aggrieved by the decision of the chancery court, Clifton timely perfects this appeal.

STANDARD OF REVIEW

¶ 3. The findings of a Chancellor will not be disturbed or set aside by this Court on appeal unless the decision made by the trial court was manifestly wrong and not supported by substantial, credible evidence, or unless an erroneous legal standard was applied. Pearson v. Pearson, 761 So.2d 157, 162 (Miss.2000).

DISCUSSION

I.

WHETHER THE CHANCELLOR ERRED IN FAILING TO MAKE A SPECIFIC FINDING ON THE RECORD THAT THE APPLICATION OF THE STATUTORY GUIDELINES WOULD BE UNJUST OR INAPPROPRIATE

¶ 4. Clifton asserts that the chancery court erred by awarding Sandra $500 per month child support and contends that this amount exceeds the statutory guidelines set forth in Miss.Code Ann. § 43-19-101(1) (Supp.1999). That statute provides that there "shall be a rebuttable presumption in all judicial or administrative proceedings regarding the awarding or modifying of child support awards in this state." Miss.Code Ann. § 43-19-101(1). The statute also states that a parent of two children shall pay 20% of his or her adjusted gross income for child support, absent a written or specific finding on the record that application of such guideline would be unjust or inappropriate. Miss.Code Ann. § 43-19-101(1)(2). Furthermore, Miss. Code Ann. § 43-19-103(a) provides that deviation from the statutory guideline is appropriate when "extraordinary medical, psychological, educational or dental expenses" are involved.

¶ 5. In the present case, conflicting evidence was presented as to the amount of Clifton's gross income. After taking all evidence presented into consideration, the chancellor found Clifton's adjusted gross income to be $2,427 per month. The chancellor then applied the statutory guidelines, which yielded a $485.50 per month child support payment. The chancellor awarded $500 per month child support and explained the upward deviation was "made necessary by reason of the unusual medical expenses" that both children incur.

¶ 6. When a chancellor chooses not to follow the guidelines, this Court has enforced the statutory requirement that the chancellor make an on-the-record determination *1266 that the guidelines do not apply. Clausel v. Clausel, 714 So.2d 265, 267 (Miss.1998). In the present case, the chancellor did make an on-the-record finding to support his slight deviation from the statutory guidelines. Patrick suffers from a severe and chronic asthma condition, which places him in and out of the hospital on a regular basis. Shellonda suffers from atopic dermatitis and asthma. Moreover, Sandra pays for the children's health insurance and all related medical bills. Taking the above factors into consideration, it can hardly be said that the chancellor erred by awarding $14.50 per month above the statutory child support guidelines. The chancellor's decision was supported by substantial, credible evidence and was not manifestly wrong. Furthermore, the chancellor made a specific on-the-record finding to support his decision. Accordingly, this Court finds this issue to be without merit.

II.

WHETHER THE CHANCELLOR ERRED BY ORDERING APPELLANT TO PAY AN AMOUNT OF CHILD SUPPORT WHICH IS IN EXCESS OF THE STATUTORY GUIDELINES AS SET FORTH IN MISS. CODE ANN. § 43-19-101

¶ 7. Clifton asserts that the chancellor erred in determining the amount of his monthly gross income, which causes his child support obligation to exceed the 20% guideline provided in Miss.Code Ann. § 43-19-101. Despite a request by counsel and the court, Clifton never provided a W-2 or a pay stub during the trial. Likewise, Clifton provided no information about his income when he responded to Sandra's request for production of documents. The only information provided concerning Clifton's income was through his own testimony that he made "about $31,000 a year" working for the Veterans Administration.

¶ 8. Clifton did provide, however, seven bank statements. These bank statements indicated deposits which totaled $3,100 over and above his payroll and income tax refund. Clifton did assert that $1,179 of the deposit could have been from money he borrowed from Norwest Financial. Nonetheless, Clifton never provided any explanation for the extra income and vehemently denied that the unexplained extra money came from working at his mother's business. Sandra, however, testified that Clifton did receive money from the family business and stated that Clifton brought home "between four hundred and six hundred per month, at least." Clifton received an average of $600 per month above his alleged income for the five months immediately preceding trial, yet offered little or no explanation for the additional money. Consequently, the chancellor included the extra unexplained income in the child support calculation.

¶ 9. With respect to the chancellor's finding, this Court can not find the decision to include the additional unexplained income to be clearly erroneous. "The chancellor, being the only one to hear the testimony of witnesses and observe their demeanor, is the sole authority for determining the credibility of the witnesses." Madden v. Rhodes, 626 So.2d 608, 616 (Miss.1993). This Court will not replace the chancellor's judgment with its own. Id. at 616.

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

Related

Kenneth D. Talley v. Kenya K. Talley
Court of Appeals of Mississippi, 2023
Mary Carole Brand Watson v. John Kevin Watson
Court of Appeals of Mississippi, 2020
Marshall William Herrin v. Lacey Nicole Perkins
Court of Appeals of Mississippi, 2019
Adam Heisinger v. Priscilla Riley
243 So. 3d 248 (Court of Appeals of Mississippi, 2018)
Lee Voulters v. Leslie Dayle Voulters
196 So. 3d 1019 (Court of Appeals of Mississippi, 2015)
Proctor v. Proctor
143 So. 3d 615 (Court of Appeals of Mississippi, 2014)
Jones v. Jones
43 So. 3d 465 (Court of Appeals of Mississippi, 2009)
Hoskins v. Hoskins
21 So. 3d 705 (Court of Appeals of Mississippi, 2009)
Stigler v. Stigler
48 So. 3d 547 (Court of Appeals of Mississippi, 2009)
Howard v. Howard
968 So. 2d 961 (Court of Appeals of Mississippi, 2007)
Durr v. Durr
912 So. 2d 1033 (Court of Appeals of Mississippi, 2005)
Riddick v. Riddick
906 So. 2d 813 (Court of Appeals of Mississippi, 2004)
Holloway v. Holloway
865 So. 2d 382 (Court of Appeals of Mississippi, 2003)
Broome v. Broome
832 So. 2d 1247 (Court of Appeals of Mississippi, 2002)
Bresnahan v. Bresnahan
818 So. 2d 1113 (Mississippi Supreme Court, 2002)
Tillman v. Tillman
809 So. 2d 767 (Court of Appeals of Mississippi, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
765 So. 2d 1263, 2000 WL 1204606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-grant-miss-2000.