Lauro v. Lauro

924 So. 2d 584, 2006 WL 539444
CourtCourt of Appeals of Mississippi
DecidedMarch 7, 2006
Docket2004-CA-02252-COA, 2001-CA-00801-SCT
StatusPublished
Cited by39 cases

This text of 924 So. 2d 584 (Lauro v. Lauro) 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
Lauro v. Lauro, 924 So. 2d 584, 2006 WL 539444 (Mich. Ct. App. 2006).

Opinion

924 So.2d 584 (2006)

Francis Joseph LAURO, Appellant
v.
Helen Rita LAURO, Appellee.
Francis Joseph Lauro, Appellant
v.
Helen Rita Lauro, Appellee.

Nos. 2004-CA-02252-COA, 2001-CA-00801-SCT.

Court of Appeals of Mississippi.

March 7, 2006.

*586 Lee Ann Self Turner, Mark A. Chinn, Jackson, attorneys for appellant.

Jerry Dean Sharp, Terry L. Caves, Laurel, attorneys for appellee.

Before MYERS, P.J., CHANDLER and GRIFFIS, JJ.

MYERS, P.J., for the Court.

¶ 1. This case is before us following a remand by the supreme court to revisit the awards of alimony and child support after complying with the Ferguson factors in equitably dividing the marital assets. Lauro v. Lauro, 847 So.2d 843 (Miss.2003). On remand the chancellor evaluated the Ferguson factors, reduced the amount of alimony and increased the child support award. Additionally, a visitation schedule was entered and Helen was awarded attorney's fees.

FACTS

¶ 2. Francis "Frank" and Helen Lauro were married on May 1, 1991. During the early years of the marriage, Helen worked as a licensed practical nurse. During their marriage, three children were born: Christiana, born January 31, 1992; Phillip, born November 15, 1994; and Isabella, born October 3, 1998.

¶ 3. On April 23, 1999, Helen filed for separate maintenance after discovering that Frank was romantically involved with another woman. Frank filed a counter-compliant for divorce on May 12, 1999. On June 2, 2000, Helen's motion to file an amended complaint for divorce was granted by the chancellor.

¶ 4. A trial on this matter was held in the Chancery Court of the Second Judicial District of Jones County on June 14 and August 16 and 17, 2000. Helen was granted a divorce on the grounds of uncondoned adultery. Helen was awarded the equity from the sale of the marital home, primary physical and legal custody of the three children, child support in the amount of $600 per child for a total of $1,800 per month, $4,200 per month in periodic alimony, and $19,391.95 in attorney's fees. From this judgment, Frank appealed to the supreme court.

¶ 5. On appeal, the supreme court in an opinion written by Justice Carlson affirmed in part, and reversed and remanded in part this case to the chancery court. The chancellor was ordered to make a proper classification of the marital property for equitable distribution as outlined in *587 Ferguson. After the proper classification and equitable distribution was made, the chancellor was ordered to revisit his awards of alimony and child support. Upon the determination of equitable distribution, alimony and child support, the chancellor was given the option of revisiting the award of attorney's fees to Helen. Finally, the chancellor was instructed to address Helen's request for medical insurance that was not addressed in the final judgement. Lauro v. Lauro, 847 So.2d 843 (Miss.2003).

¶ 6. Upon remand, the parties agreed not to reopen the evidence and have the trial court reconsider the evidence presented during the original trial. On August 27, 2004, the chancellor entered his seventeen page "Findings of Fact and Conclusions of Law." The chancellor addressed each of the Ferguson factors in equitably distributing the marital estate, he then reconsidered the issues of alimony, child support, and attorney's fees. Helen was awarded $3,000 per month in periodic alimony. The parties agreed that Helen would receive primary physical custody and Frank and Helen would have joint legal custody, with Frank having agreed visitation. The chancellor then awarded child support in accordance with the statutory guidelines which amounted to $2,001 per month ($667 per child). The chancellor also awarded Helen attorney's fees in the sum of $19,391.95. From this judgment Frank appeals raising five issues and Helen enters a motion for attorney's fees on appeal. The issues of this case are:

I. THE TRIAL COURT ERRED IN AWARDING PERIODIC ALIMONY INSTEAD OF REHABILITATIVE ALIMONY AS PROMPTED BY THE SUPREME COURT OPINION.
II. THE CHANCELLOR WAS MANIFESTLY WRONG AND CLEARLY ERRONEOUS IN AWARDING PERIODIC ALIMONY WHEN CONSIDERED WITH THE AWARD OF CHILD SUPPORT AND OTHER SUPPORT AWARDS.
III. THE CHANCELLOR ABUSED HIS DISCRETION BY NOT EQUITABLY DISTRIBUTING THE MARITAL ASSETS.
IV. THE CHANCELLOR COMMITTED MANIFEST ERROR IN AWARDING VAGUE AND UNSPECIFIED VISITATION.
V. THE AWARD OF ATTORNEY'S FEES WAS ERRONEOUS AND AN ABUSE OF DISCRETION.
VI. HELEN'S MOTION FOR ATTORNEY'S FEES ON APPEAL.

STANDARD OF REVIEW

¶ 7. Our standard of review for all appeals involving domestic relations matters is limited. We will not disturb the findings of a chancellor unless the chancellor was "manifestly wrong, clearly erroneous, or an erroneous legal standard was applied." Perkins v. Perkins, 787 So.2d 1256, 1260-61(¶ 9) (Miss.2001).

DISCUSSION

I. THE TRIAL COURT ERRED IN AWARDING PERIODIC ALIMONY INSTEAD OF REHABILITATIVE ALIMONY AS PROMPTED BY THE SUPREME COURT OPINION.

¶ 8. As the first issue presented on appeal, Frank contends that the supreme court instructed the chancellor that in awarding alimony he should award rehabilitative alimony and not periodic alimony. Frank argues that the chancellor awarded the permanent periodic alimony to punish him. Frank contends that he should only be required to pay Helen rehabilitative alimony to allow her to get back into the working world. We do not agree.

*588 ¶ 9. Alimony is only considered after the marital property has been equitably divided and the chancellor determines that one spouse is at a deficit. Lauro, 847 So.2d at 848. "Alimony and equitable distribution are distinct concepts, but together they command the entire field of financial settlement of divorce. Therefore, where one expands, the other must recede." Id. at 849 (citations omitted).

¶ 10. In Justice Carlson's opinion, the reference to the award of rehabilitative alimony was part of a larger discussion on when a chancellor must revisit the award of alimony. The previous opinion instructs the chancellor, and this Court, when alimony is to be revisited on remand and when it is not. In respect to revisiting periodic alimony the supreme court points our attention to Mace v. Mace, 818 So.2d 1130 (Miss.2002), and for rehabilitative alimony, Hensarling v. Hensarling, 824 So.2d 583 (Miss.2002).

¶ 11. In Mace the supreme court instructed the chancellor to revisit the award of periodic alimony after a proper value of the medical practice had been determined. The supreme court instructed:

The chancery court's valuation of the practice is reversed, and this case is remanded for an adequate valuation of the practice. Also, the award of alimony is vacated, and the chancellor instructed to revisit the issue as alimony and equitable distribution should be considered together. Ferguson, 639 So.2d at 929 (stating that though alimony and equitable distribution are different concepts, they should be considered together, as when one expands, the other must recede).

Mace, 818 So.2d at 1134(¶ 16). The award of alimony in Mace was one of permanent periodic alimony. This case instructs that periodic alimony can only be awarded after the proper equitable distribution of marital assets is complete and when equitable distribution is revisited periodic alimony must also be revisited.

¶ 12. In Hensarling,

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

Related

Theron L. Whitlock v. Venetta M. Whitlock
Court of Appeals of Mississippi, 2025
Donald Ray Warner v. Melanie Kay Warner
Court of Appeals of Mississippi, 2022
Jason Wayne Warren v. Ginger Kaye Rhea
Court of Appeals of Mississippi, 2021
Paul Lacoste v. Laura Lacoste
Court of Appeals of Mississippi, 2021
William Gerald Gilmer v. Sandra Giachelli Gilmer
Court of Appeals of Mississippi, 2020
David W. Martin v. Wendy E. Borries
Court of Appeals of Mississippi, 2019
Rodney J. Wilkinson v. Stephanie Wilkinson
Court of Appeals of Mississippi, 2019
Deveaux Carter v. Allen Davis
235 So. 3d 106 (Court of Appeals of Mississippi, 2017)
Clyde Delbert Esplin v. Rebecca Carol Esplin
224 So. 3d 102 (Court of Appeals of Mississippi, 2016)
Morgan David Ewing, Sr. v. Melanie Shae Ewing
203 So. 3d 707 (Court of Appeals of Mississippi, 2016)
Anthony Owen Pullen v. Stephanie Lake Pullen
196 So. 3d 1153 (Court of Appeals of Mississippi, 2016)
Paul v. Lacoste v. Laura R. Lacoste
197 So. 3d 897 (Court of Appeals of Mississippi, 2016)
Tony Leroy Hearn, Sr. v. Varena Denton Hearn
191 So. 3d 129 (Court of Appeals of Mississippi, 2016)
Mississippi Department of Audit v. Gulf Publishing Company, Inc.
235 So. 3d 1452 (Court of Appeals of Mississippi, 2016)
John F. Layton, Jr. v. Amanda Reece Layton
181 So. 3d 275 (Court of Appeals of Mississippi, 2015)
Raymond Curtis Branch v. Lauren Hoover Branch
174 So. 3d 932 (Court of Appeals of Mississippi, 2015)
Robert Edward Faerber v. April Faerber
150 So. 3d 1000 (Court of Appeals of Mississippi, 2014)
O'Brien v. O'Brien
149 So. 3d 508 (Court of Appeals of Mississippi, 2014)
Brooks v. Fields
134 So. 3d 786 (Court of Appeals of Mississippi, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
924 So. 2d 584, 2006 WL 539444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lauro-v-lauro-missctapp-2006.