Knutson v. Knutson

704 So. 2d 1331, 1997 WL 776558
CourtMississippi Supreme Court
DecidedDecember 18, 1997
Docket93-CT-00726-SCT
StatusPublished
Cited by35 cases

This text of 704 So. 2d 1331 (Knutson v. Knutson) 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
Knutson v. Knutson, 704 So. 2d 1331, 1997 WL 776558 (Mich. 1997).

Opinion

704 So.2d 1331 (1997)

Richard A. KNUTSON
v.
Janet T. KNUTSON.

No. 93-CT-00726-SCT.

Supreme Court of Mississippi.

December 18, 1997.

Rabun Jones, Dyer Dyer Jones & Daniels, Greenville, for Appellant.

Williard L. McIlwain, Jr., Greenville, for Appellee.

En Banc.

ON PETITION FOR WRIT OF CERTIORARI

PITTMAN, Justice, for the Court:

¶ 1. This matter comes before the Court after having granted Richard A. Knutson's petition for writ of certiorari. On April 1, 1993, the chancellor entered a final decree of divorce to Janet on the ground of habitual cruelty. In the decree, the chancellor ordered Richard to pay Janet $4,100 per month in child support, all reasonable and necessary medical, dental, orthodontic, optical, and drug expenses for the six minor children, and $1,000 per month in periodic alimony until such time as Janet dies or remarries. Richard *1332 was also ordered to keep $500,000 in life insurance until the minor children reach age of majority. The Court of Appeals affirmed the judgment of the trial court and in so doing rendered an opinion in conflict with prior opinions of this Court. We find that in awarding child support, the chancellor failed to follow the dictates of sections 43-19-101(2) and 43-19-101(4), which mandate an on-the-record finding where child support is awarded below or in excess of the child support award guidelines. Accordingly, we reverse and remand for proceedings consistent with this opinion.

STATEMENT OF FACTS

¶ 2. In 1976, Dr. Richard Knutson, an orthopedic surgeon hired Janet to work as a registered nurse and bookkeeper in the Delta Orthopedic Clinic. In November of 1981, Janet and Richard married. This was both Janet's and Richard's second marriage. Six children were conceived during this marriage.

¶ 3. In September of 1984, Richard and Janet moved from a house on Washington Avenue, which was owned solely by Richard, into a larger house on Idlewild Drive, which was titled in both parties' names. In 1988, Richard and Janet began experiencing marital problems, which eventually led to Janet filing a Complaint for Divorce on May 22, 1992, alleging habitual cruelty as ground for the divorce. The relief sought included child custody, alimony, child support, use and possession of the Idlewild residence, an equitable division of assets, and that Richard be ordered to maintain life and medical insurance policies.

¶ 4. A Consent Temporary Decree was entered on May 29, 1992, for Richard to pay support from $7,500 to $8,000 per month. On September 23, 1992, Janet filed a contempt action against Richard for failure to abide by the support requirements of the temporary decree. The court determined that Richard's failure to pay was not contemptuous.

¶ 5. On April 1, 1993, the chancellor entered a final decree of divorce to Janet on the ground of habitual cruelty. In the decree, the chancellor ordered Richard to pay Janet $4,100 per month in child support, all reasonable and necessary medical, dental, orthodontic, optical, and drug expenses for the six minor children, and $1,000 per month in periodic alimony until such time as Janet dies or remarries. Richard was also ordered to keep $500,000 in life insurance until the minor children reach age of majority.

¶ 6. On April 12, 1993, Richard filed a Defendant's Rule 52(b) Motion to Amend and Supplement Findings of Facts and Conclusion of Law, wherein he requested, among other things, a supplementary finding pursuant to § 43-19-101 of the Mississippi Code of 1972. Richard also filed a motion for new trial. Both motions were denied.

¶ 7. In his direct appeal, Richard argued that: (1) the trial court erred in granting a divorce on the ground of habitual cruelty; (2) the trial court erred in dividing the parties' assets and in failing to properly consider his $115,000 debt to Delta Swampland, Inc.; (3) the trial court erred in requiring him to assume sole responsibility for the $180,000 tax debt of the parties; and (4) the trial court erred in the amount of alimony and child support awarded to Janet. The Court of Appeals affirmed on all issues.

ANALYSIS

STANDARD OF REVIEW

¶ 8. In this domestic relations case, we are asked to decide whether the trial court erred in its distribution of marital assets, award of periodic alimony, and award of child support? This Court "will not disturb a chancellor's findings unless manifestly wrong, clearly erroneous, or if the chancellor applied an erroneous legal standard." Johnson v. Johnson, 650 So.2d 1281, 1285 (Miss. 1995) (citations omitted).

I.

¶ 9. Richard first contends that the net effect of the property division in the instant case was to leave him with a negative net worth and Janet with a net worth in excess of $100,000 and that in affirming this award, the Court of Appeals failed to apply the holdings in Hemsley, Ferguson, and *1333 Johnson. Richard argues that the chancellor erred in divesting him of all his interest in the house on Washington Avenue since he owned that property prior to his marriage; that the chancellor erred in awarding Janet twenty-seven and one half percent interest in his total firearms, nautical antiques and art work collections, which is half of that collected during the marriage. Richard explains that while the chancellor awarded Janet a percentage of his collections, she was already in possession of assets valued at from $48,000 to $52,000, which consisted in large part of gifts that he gave her during the term of the marriage.

¶ 10. The division of marital assets is governed by the guidelines delineated in Johnson, Ferguson, and Hemsley. The first step is to identify the character of the parties' assets, both marital and nonmarital, pursuant to Hemsley. Johnson, 650 So.2d at 1287. The chancellor should then, in light of each party's nonmarital property, employ the Ferguson factors as guidelines and equitably divide the property. Id. The Court instructed the chancellor to do no more "[i]f there are sufficient marital assets which, when equitably divided and considered with each spouse's nonmarital assets, will adequately provide for both parties... ." Id. However, "[i]f the situation is such that an equitable division of marital property, considered with each party's nonmarital assets, leaves a deficit for one party, then alimony based on the value of nonmarital assets should be considered." Id.

¶ 11. A review of the proceedings below indicates that the chancellor made "a record of his determination of both parties' nonmarital assets, of his equitable distribution in light of each parties' nonmarital property, guided by the Ferguson factors." Johnson, 650 So.2d at 1287. Among other things, the chancellor found that: (1) "After the parties were married, Defendant did not want Plaintiff to continue working, and Plaintiff ceased working as an R.N.

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Cite This Page — Counsel Stack

Bluebook (online)
704 So. 2d 1331, 1997 WL 776558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knutson-v-knutson-miss-1997.