Hopper v. Hopper

773 So. 2d 395, 2000 Miss. App. LEXIS 321, 2000 WL 980041
CourtCourt of Appeals of Mississippi
DecidedJuly 18, 2000
DocketNo. 1999-CA-01124-COA
StatusPublished
Cited by1 cases

This text of 773 So. 2d 395 (Hopper v. Hopper) 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
Hopper v. Hopper, 773 So. 2d 395, 2000 Miss. App. LEXIS 321, 2000 WL 980041 (Mich. Ct. App. 2000).

Opinion

THOMAS, J.,

for the Court:

¶ 1. Sarah A. Hopper and Louis Reid Hopper were granted a divorce based upon irreconcilable differences on December 11, 1993. On February 18, 1998, Sarah filed a motion for modification and other relief against Reid.

¶ 2. On June 18, 1999, the Harrison County Chancery Court entered its final order. The court found that the marital home should be immediately placed on the market for sale, as anticipated by the original agreement for divorce. Also, after considering the income of Reid, the court increased child support from $175 to $220 per month. Since the deductible for health insurance policy on the child went from $200 to $350, the court ordered that Sarah would be required to pay only $100 of the hospitalization and medical insurance deductible, and the Reid would be required to pay $250. The court found that Reid had provided the necessary proof of $100,000 life insurance policy, and that the provisions allowing Reid to claim the minor child as a dependant for tax purposes should remain unchanged. Sarah made a claim against Reid for the payment of innumerable minor expenses related to the ownership, upkeep, and day-to-day maintenance. The court found that this claim was without merit. Sarah next requested an accounting of all the accounts which had been in existence for the benefit of the child’s education. The court found that the only account still in existence was a Templeton account which only had a small remaining balance. A $1,000 savings bond Sarah claimed for the children was non-existent. A Merchant’s account was not in Reid’s name; he had no control over it, and it had been closed by those who did own the account. Further, Reid received no income or money from that account. Therefore, the court denied this request. Sarah asked that she be granted the benefit of any tuition tax credits available; however, since no information was furnished in this regard and the court having no knowledge of what rules and regulations Sarah was referring to, denied the same. The court found that Reid had violated the terms of the original divorce decree and ordered that Reid pay $20 in softball related expenses, and one and a half months in child support in the amount of $175. The court assessed all court costs and attorneys’s fees to Reid. On appeal Sarah argues

I. REID HOPPER SHOULD HAVE BEEN REQUIRED TO PAY THE COLLEGE EXPENSES FOR LINDSAY HOPPER EQUAL TO THE $1,000 SAVINGS BOND AND THE MERCHANT’S BANK ACCOUNT AND ACCRUED INTEREST.

II. REID HOPPER SHOULD HAVE BEEN ORDERED TO PAY THE REASONABLE AND NECESSARY HOUSEHOLD AND PROPERTY MAINTENANCE AND EXPENSES.

¶ 3. Finding no error, we affirm.

FACTS

¶ 4. Sarah and Reid were married on July 15, 1972. During the term of the marriage, the couple had one child, Lindsay Hopper, born November 29, 1979. They were divorced on the grounds of irreconcilable differences. Attached to the final decree of divorce was a child custody and property settlement agreement to which the Chancery Court of Harrison County incorporated and made part of the decree. In this settlement agreement, among other issues, the parties agreed that Reid should maintain the residential property in the same manner that it was maintained during its ownership by the parties. Reid was to provide all labor on maintenance which had been provided by him or through Hopper Tire, his business, in the past so that the house and property were kept in good repair. The parties agreed that parts, materials, and extraordinary labor which required expertise beyond that available to Reid or his business should be divided equally between the parties until the sale of the house.

¶ 5. The settlement agreement also provided that Reid “shall have use and possession of the contents of the Merchants Bank [397]*397money market account.... That all accounts which are currently in existence for the benefit of Lindsay Hopper shall not be incumbered, reduced or otherwise ameliorated and shall be used for the higher education of Lindsay Hopper.”

¶ 6. During the proceeding of this matter, Sarah testified that she wished to be reimbursed for expenses that she incurred on the maintenance of the residential property in which she still resided. These expenses included items such as fertilizer, ant killer, and pesticides. The total expenses for these sundry items, incurred over the five years since the original divorce, came to $1,835.50.

¶ 7. In the original settlement agreement, three accounts were listed that were not to be encumbered, reduced, or otherwise ameliorated. First listed were two Templeton accounts, a $1,000 savings bond beside which was written “Whereabouts unknown at this time,” and a Merchant’s Bank account belonging to W.C. Hopper and Gloria Hopper, Reid Hopper’s parents.

¶ 8. Sarah testified that part of the consideration to settle their differences was that Reid agreed that certain accounts would be used for Lindsay’s higher education expenses. Once the accounts were exhausted, Sarah would pay one-half of Lindsay’s college expenses. The Temple-ton account was used towards Lindsay’s first semester of college and virtually all but depleted. However, neither the $1,000 savings bond nor Merchant’s Bank account were used for Lindsay’s benefit. On cross-examination, Sarah admitted that when she signed the original settlement agreement she knew that the Merchant’s Bank account was owned by the grandparents.

¶ 9. Reid testified that he knew nothing about a $1,000 savings bond, and that he had no access or control over the Merchant’s Bank account, as his name was not listed on the account. In fact, when trying to investigate the account, Reid found that the account was closed.

¶ 10. The chancellor found that the original property settlement agreement required Reid to maintain the residential property in the same manner that it had been maintained during the ownership by the parties, and concluded that the settlement referred to the upkeep, maintenance, and repair of the home. The chancellor held that this maintenance did not include such things as poison for ants, flowers, upkeep of the yard, and other such incidentals. He denied Sarah’s request.

¶ 11. The chancellor found that the only account still in existence at the time of the trial was a Templeton account which still had a small remaining balance. The $1,000 bond was non-existent, the Merchant’s account was not in Reid’s name; he had no control over it, and it had been closed out by those who did own the account. Further, that Reid received no income or money from that account.

STANDARD OF REVIEW

¶ 12. “Domestic relations matters are among the most difficult cases dealt with by our chancellors; therefore, the standard of review employed by this Court in these cases is very limited- and abundantly clear.” Pullis v. Linzey, 753 So.2d 480 (¶ 7) (Miss.Ct.App.1999). “Chancellors are vested with broad discretion, and 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. (citing Sandlin v. Sandlin, 699 So.2d 1198, 1203 (Miss.1997); Johnson v. Johnson, 650 So.2d 1281, 1285 (Miss.1994); Crow v. Crow, 622 So.2d 1226, 1228 (Miss.1993); Gregg v. Montgomery, 587 So.2d 928, 931 (Miss.1991)).

I.

REID HOPPER SHOULD HAVE BEEN REQUIRED TO PAY THE COLLEGE EXPENSES FOR LINDSAY HOPPER EQUAL TO THE $1,000 SAVINGS BOND AND THE MERCHANT’S BANK ACCOUNT AND ACCRUED INTEREST.

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

Related

Patterson v. Trustmark National Bank
918 So. 2d 792 (Court of Appeals of Mississippi, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
773 So. 2d 395, 2000 Miss. App. LEXIS 321, 2000 WL 980041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopper-v-hopper-missctapp-2000.