Hunt v. Asanov

975 So. 2d 899, 2008 WL 496302
CourtCourt of Appeals of Mississippi
DecidedFebruary 26, 2008
Docket2007-CA-00192-COA
StatusPublished
Cited by4 cases

This text of 975 So. 2d 899 (Hunt v. Asanov) 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
Hunt v. Asanov, 975 So. 2d 899, 2008 WL 496302 (Mich. Ct. App. 2008).

Opinion

975 So.2d 899 (2008)

Marina Y. Asanov HUNT, Appellant
v.
Alexander N. ASANOV, Appellee.

No. 2007-CA-00192-COA.

Court of Appeals of Mississippi.

February 26, 2008.

*900 Dewitt T. Hicks, Jr., Columbus, attorney for appellant.

Alexander N. Asanov, appellee, pro se.

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

MYERS, P.J., for the Court.

¶ 1. Marina Y. Asanov Hunt (Hunt) appeals the decision of the Chancery Court of Oktibbeha County, arguing that the chancery court erred in (1) reducing the child support obligations of Dr. Alexander N. Asanov (Dr. Asanov), (2) failing to hold Dr. Asanov in contempt for failure to pay back child support, and (3) distributing certain marital property. Hunt seeks a reversal of the chancery court's judgment and a judgment rendered ordering Dr. Asanov to pay delinquent child support and awarding her fifty percent or more ownership interest in the parties' company. Finding no error in the judgment of the chancery court, we affirm.[1]

UNDERLYING FACTS AND PROCEDURAL HISTORY

¶ 2. This Court has reviewed this case once before. See Asanov v. Hunt, 914 So.2d 769 (Miss.Ct.App.2005).[2] There, Dr. Asanov appealed issues concerning the validity of the parties' foreign divorce decree, the failure to hold Hunt in contempt, the division of marital property, and child custody. Hunt cross-appealed, seeking a determination on child support. Hunt additionally sought a ruling from this Court imposing sanctions upon Dr. Asanov for filing a frivolous appeal. We affirmed the chancellor's: (1) recognition of the parties' Russian divorce decree, (2) declination to hold Hunt in contempt, (3) dismissal of Dr. Asanov's attempt to divide the marital property, and (4) grant of sole physical and *901 legal child custody. However, we found that there was no judgment regarding child support and dismissed this point of Hunt's cross-appeal as not being properly before the Court. Further, we declined to impose sanctions on Dr. Asanov, finding that his appeal was not frivolous.

¶ 3. Since the final decision entered by this Court, the parties have returned to the chancery court seeking adjudication regarding child support, contempt, and equitable division of a company owned by the parties. The chancery court found that Dr. Asanov did not owe an arrearage in his child support obligations and declined to hold Dr. Asanov in contempt. The parties' company, BioElectroSpec, Inc., was divided by the chancellor, granting Hunt a twenty-five percent interest and presenting Dr. Asanov the option of purchasing Hunt's interest for a specified amount.

DISCUSSION

I. WHETHER THE CHANCELLOR ERRED IN FAILING TO FIND THAT DR. ASANOV OWED DELINQUENT CHILD SUPPORT AND DECLINING TO HOLD DR. ASANOV IN CONTEMPT FOR FAILURE TO PAY CHILD SUPPORT OBLIGATIONS.

¶ 4. Under the initial Russian child support order dated June 24, 2000, Dr. Asanov was obligated to pay one-third of any income received. On February 13, 2001, Hunt sought to enroll and enforce the Russian child support order in the Chancery Court of Oktibbeha County. However, the chancery court instead issued a bench opinion on November 27, 2001, obligating Dr. Asanov to pay $625 per month in child support for the parties' two minor children. This support order was to become effective on December 1, 2001. But then a few days later, on December 6, 2001, the chancery court issued an order nunc pro tunc recognizing and enrolling the initial Russian child support order. No issue was made on appeal of the orders, and Dr. Asanov began paying $625 per month for child support. On March 11, 2002, upon Dr. Asanov's motion, his child support obligations were modified; and Dr. Asanov again was ordered to pay $625 per month.

¶ 5. In 2004, the parties returned to the chancery court regarding several different matters, including a motion filed by Hunt seeking to have Dr. Asanov held in contempt for failure to pay his child support obligations as outlined in the Russian child support order. At that time, the chancery court refused to rule on Hunt's motion of contempt. The issue of child support was later cross-appealed by Hunt; however, this Court refused to consider the issue for lack of a final judgment. Asanov, 914 So.2d at 774(¶ 28).

¶ 6. After we handed down our opinion in the first appeal of this matter in 2005, the parties then returned to the chancery court seeking final adjudication on the issue of child support. Hunt sought a determination of the amount Dr. Asanov owed in delinquent child support according to the Russian child support order and sought to have Dr. Asanov held in contempt for failure to pay his obligation. However, the chancellor found that Dr. Asanov paid, and actually overpaid, his owed child support in accordance with the chancery court order of $625 per month. Finding that Dr. Asanov had properly paid the amounts owed for child support, the chancellor denied Hunt's motion to hold Dr. Asanov in contempt.

¶ 7. Hunt argues that while the chancellor found that Dr. Asanov fully paid his child support obligations in the amount of $16,250, under the Russian decree Dr. Asanov should have paid approximately *902 $70,000 in child support. Hunt asserts that the chancellor's departure from the Russian child support order was an erroneous downward modification of Dr. Asanov's child support obligations. Hunt also argues that the chancellor's decision was inappropriate under the clean hands doctrine because Dr. Asanov was in arrearage under the original Russian child support order when he sought relief. She argues that because the chancery court erroneously modified Dr. Asanov's child support obligations, she is entitled to back child support and her attorney's fees incurred in bringing her motion for contempt.

¶ 8. The law of Mississippi is well settled that the clean hands doctrine prevents a parent from receiving a modification of a child support order when that parent is guilty of willful contempt of the order mandating the support. Bailey v. Bailey, 724 So.2d 335, 337(¶ 6) (Miss.1998) (citing Calcote v. Calcote, 583 So.2d 197, 199-200 (Miss.1991)). Most important to our consideration of whether Dr. Asanov was in contempt centers upon determining whether his violation of the order was "willful" so as to preclude relief in his child support obligations.

¶ 9. Contempt matters are committed to the substantial discretion of the chancellor. Lahmann v. Hallmon, 722 So.2d 614, 620(¶ 19) (Miss.1998) (citing Shelton v. Shelton, 653 So.2d 283, 286 (Miss.1995)). In a contempt action for failure to pay child support, the party seeking the support makes a prima facie case by introducing evidence that the party required to pay the support has failed to do so. Lahmann, 722 So.2d at 620(¶ 19) (citing Guthrie v. Guthrie, 537 So.2d 886, 888 (Miss.1989)). At this point, the burden shifts to the paying party to show an inability to pay or other defense. Lahmann, 722 So.2d at 620(¶ 19). One may defend a contempt proceeding with the defense that the court order was unclear. Ellis v. Ellis, 840 So.2d 806, 811(¶ 18) (Miss.Ct.App. 2003) (citing Davis v. Davis, 829 So.2d 712, 714(¶ 9) (Miss.Ct.App.2002)). It follows that if the order was unclear, then Dr. Asanov cannot be held in willful contempt for failure to comply.

¶ 10. Our review in this case finds that Dr. Asanov's failure to pay under the Russian child support order cannot be characterized as contumacious. Within a period of approximately one week, two separate child support orders were issued by the chancery court.

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Bluebook (online)
975 So. 2d 899, 2008 WL 496302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-asanov-missctapp-2008.