Grissom v. Grissom

952 So. 2d 1023, 2007 WL 824102
CourtCourt of Appeals of Mississippi
DecidedMarch 20, 2007
Docket2005-CA-01738-COA
StatusPublished
Cited by4 cases

This text of 952 So. 2d 1023 (Grissom v. Grissom) 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
Grissom v. Grissom, 952 So. 2d 1023, 2007 WL 824102 (Mich. Ct. App. 2007).

Opinion

952 So.2d 1023 (2007)

Jon GRISSOM, Appellant
v.
Bobby GRISSOM, Appellee.

No. 2005-CA-01738-COA.

Court of Appeals of Mississippi.

March 20, 2007.

*1025 Renee M. Porter, attorney for appellant.

Thomas T. Buchanan, Laurel, attorney for appellee.

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

MYERS, P.J., for the Court.

¶ 1. This case comes on appeal from the order of the Jones County Chancery Court, Second Judicial District, granting Bobby Grissom's motion for a downward modification of his child support and medical expense obligations, and denying Jon Grissom's motions for modification of child custody, judgment for past-due child support and medical expenses, and contempt. After a thorough review of the record, we affirm the judgment of the chancery court.

STATEMENT OF THE FACTS

¶ 2. Bobby and Jon Grissom were married on July 16, 1983. The couple had two *1026 children born of the marriage, Lara Ann and Rebecca. Bobby and Jon divorced by final judgment of the Jones County Chancery Court, Second Judicial District, on May 14, 2001. At the time of the divorce, the parties agreed to all matters except child custody, child support, visitation, and attorneys' fees. The chancery court heard testimony on those matters, and applying the Albright factors, determined that an award of joint legal and physical custody was in the best interest of the children. Bobby, the children's father, was further ordered to pay $165 per month in child support, to maintain medical insurance on the children, and to pay seventy-five percent of any uncovered medical expenses.

¶ 3. On January 8, 2003, Jon filed a motion for contempt, alleging that Bobby owed her $600 in past-due child support and $1,777.09 in past-due medical expenses. To avoid litigation, Bobby tendered the amount requested to Jon's attorney, conditioned upon Bobby's approval of a detailed listing of the medical expenses allegedly owed. Upon receipt of the medical expense listing, Bobby discovered that the majority of the medical expenses claimed occurred prior to the divorce, and immediately moved to reinstate the divorce pleadings in the form of a complaint for relief from judgment.

¶ 4. On November 3, 2003, Bobby filed a motion for temporary relief from his child support and medical expense obligations, citing that he had been laid off from his job, through no fault of his own, as a material change in circumstances warranting relief. On November 25, 2003, Jon answered Bobby's complaint, and filed her counter-complaint seeking a modification of child custody and a judgment for contempt. In support of her claim, Jon alleged that Bobby was several months past-due on his child support payments and medical expense obligations, and argued that he should be found in contempt. Jon further argued that the parties' alleged inability to communicate with one another, coupled with an alleged onset of anxiety in the children attributed to switching back and forth between homes every week, created a material change in circumstances adverse to the children, and supported modification of child custody to provide Jon with primary physical custody. In December 2003, Jon sought a continuance through her counsel, and in exchange for the continuance she agreed that any relief granted by the chancellor would be retroactive to December 2003.

¶ 5. On October 5, 2004, Bobby answered Jon's motion for contempt, filed a cross-complaint for modification of child support, contempt, sanctions, and for the appointment of an independent medical examiner to determine the degree of anxiety the children were experiencing. A hearing was held on March 8, 2005, at the conclusion of which the chancellor addressed the issue of child custody from the bench. The chancellor concluded that no evidence had been presented as to a material change in circumstances adverse to the interest of the children, warranting a modification of child custody. However, the chancellor left the record open to allow the parties an opportunity to depose a psychologist, appointed by the court to evaluate the children's level of anxiety. In the four months following the hearing, Jon failed to take the psychologist's deposition. Subsequently, on July 5, 2005, the chancellor closed the record.

¶ 6. On August 18, 2005, the chancellor issued a written opinion, in which he found that each party owed the other mutually off-setting amounts, and denied either party a money judgment against the other. The chancellor further stated that sanctions could be properly imposed against Jon and her attorney, for their repeated *1027 failure to follow proper court procedures; however, in the interest of putting the litigation to an end, the chancellor refrained from imposing such sanctions. Additionally, the chancellor found Bobby's termination from his job to be a material change in circumstances, placing the parties on equal economic footing, and justifying a modification of his child support obligations, so that child support would no longer be required. Further, the chancellor ordered that all future medical insurance and additional medical expenses be divided equally between the parties. Finally, neither Bobby nor Jon was found in contempt. Aggrieved by the judgment of the chancery court, Jon appeals, raising the following issues:

I. WHETHER THE CHANCELLOR ERRED IN FAILING TO MODIFY THE CUSTODY ORDER?
II. WHETHER THE CHANCELLOR ERRED IN MODIFYING BOBBY'S CHILD SUPPORT AND MEDICAL EXPENSE OBLIGATIONS?
III. WHETHER THE CHANCELLOR ERRED IN FAILING TO AWARD PAST-DUE CHILD SUPPORT AND MEDICAL EXPENSES?
IV. WHETHER THE CHANCELLOR ERRED IN FAILING TO FIND BOBBY IN CONTEMPT?

STANDARD OF REVIEW

¶ 7. The scope of review in domestic relations matters is strictly limited. Bryant v. Bryant, 924 So.2d 627, 630(¶ 5) (Miss.Ct.App.2006). "This Court will not disturb the chancellor's findings unless the court's actions were manifestly wrong, the court abused its discretion, or the court applied an erroneous legal standard." Id. (quoting Andrews v. Williams, 723 So.2d 1175, 1177(¶ 7) (Miss.Ct.App.1998)). Particularly in the areas of divorce, alimony and child support, this Court is required to uphold the findings of fact made by a chancellor that are supported by substantial evidence and are neither arbitrary nor capricious. Id.

DISCUSSION

I. WHETHER THE CHANCELLOR ERRED IN FAILING TO MODIFY THE CUSTODY ORDER?

¶ 8. In order to modify child custody orders, the moving party must prove that a material change in circumstances has occurred since the original decree, adverse to the best interest of the child. Mabus v. Mabus, 847 So.2d 815, 818(¶ 8) (Miss.2003). Jon, in her cross-complaint, argued that the parties could not now, nor have they ever been able to, communicate with one another or work together regarding the joint child custody arrangement. Before rendering his opinion in the case sub-judice, the chancellor heard the testimony of the parties and reviewed the transcript and pleadings from the original divorce, which included an analysis of the applicable factors under Albright v. Albright, 437 So.2d 1003, 1003 (Miss.1983). The chancellor then rendered his opinion recognizing the strained relationship between the parties. However, the chancellor noted that by Jon's own admission, this strained condition existed at the time of the original judgment of divorce.

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952 So. 2d 1023, 2007 WL 824102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grissom-v-grissom-missctapp-2007.