Patterson v. Patterson

917 So. 2d 111, 2005 WL 1530369
CourtCourt of Appeals of Mississippi
DecidedJune 28, 2005
Docket2004-CA-00741-COA
StatusPublished
Cited by1 cases

This text of 917 So. 2d 111 (Patterson v. Patterson) 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
Patterson v. Patterson, 917 So. 2d 111, 2005 WL 1530369 (Mich. Ct. App. 2005).

Opinion

917 So.2d 111 (2005)

Gregory Edward PATTERSON, Appellant
v.
Melinda Sue PATTERSON, Appellee.

No. 2004-CA-00741-COA.

Court of Appeals of Mississippi.

June 28, 2005.
Rehearing Denied September 13, 2005.
Certiorari Denied December 15, 2005.

*112 H.J. Davidson, Jr., Columbus, attorney for appellant.

*113 Carrie A. Jourdan, attorney for appellee.

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

MYERS, J., for the Court.

STATEMENT OF FACTS

¶ 1. This case arises from the Chancery Court of Lowndes County, Mississippi, in which Greg Patterson and Melinda Patterson obtained a divorce. Melinda, age fifty four, and Greg, age forty four, were married for approximately twenty years and were divorced on the ground of irreconcilable differences. During the marriage, Greg was essentially the sole breadwinner, earning approximately $100,000 annually. Melinda worked part-time on a few occasions, and earned approximately $6,000 annually during the marriage. No children were born to this union.

¶ 2. Prior to the grant of the divorce, Melinda moved out of the marital home to Brandon, Mississippi, where she rented a two bedroom apartment and began a job with APAC, entering data into their computer system, earning approximately $22,000 annually. The chancellor figured Melinda's monthly expenses to total $1,565 and Greg's monthly expenses to be approximately $2,500. Melinda requested $1,000 per month in alimony, this figure being based upon her other requests that her husband pay her Mercury Mountaineer payments and that she receive other equitable division rewards. The chancellor found that under the Armstrong factors, she was entitled to more. Armstrong v. Armstrong, 618 So.2d 1278 (Miss.1993).

¶ 3. Aggrieved by the award of the chancery court, Greg appeals raising the following two issues:

I. WHETHER THE CHANCELLOR ERRED BY CONSIDERING FAULT IN AN IRRECONCILABLE DIFFERENCES DIVORCE, AND USING FAULT AS A FACTOR IN DETERMINING THE AMOUNT OF ALIMONY TO BE PAID.
II. WHETHER THE AMOUNT OF ALIMONY WAS EXCESSIVE AND AN ABUSE OF DISCRETION.

¶ 4. Finding no reversible error, we affirm.

LEGAL ANALYSIS

I. WHETHER THE CHANCELLOR ERRED BY CONSIDERING FAULT IN AN IRRECONCILABLE DIFFERENCES DIVORCE, AND USING FAULT AS A FACTOR IN DETERMINING THE AMOUNT OF ALIMONY TO BE PAID.

STANDARD OF REVIEW

A chancellor's findings of fact will not be disturbed unless manifestly wrong or clearly erroneous. Consolidated Pipe & Supply Co. v. Colter, 735 So.2d 958, 961 (¶ 13) (Miss.1999). "This Court will not disturb the findings of a chancellor when supported by substantial evidence unless the chancellor abused his discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied."

Sanderson v. Sanderson, 824 So.2d 623, 625-26 (¶ 8) (Miss.2002) (quoting Kilpatrick v. Kilpatrick, 732 So.2d 876, 880 (¶ 13) (Miss.1999)).

DISCUSSION

¶ 5. Greg first argues that the chancellor erred by considering fault as a factor in determining the amount of alimony which he is to pay Melinda, as the parties were divorced pursuant to an irreconcilable differences, or no fault divorce. Greg contends that, because neither party attempted to introduce fault, the chancellor erred by considering fault when issuing *114 his ruling. Further, Greg argues that since neither party attempted to introduce fault, the chancellor should have excluded such evidence in accordance with Burge v. Burge, 851 So.2d 384 (Miss.Ct.App.2003).

¶ 6. Melinda contends that the chancellor did not err, because of his reliance upon the Driste opinion, which states "[t]he fact that both spouses agree to a divorce does not eliminate the consideration of the fault factor in determining alimony." Driste v. Driste, 738 So.2d 763, 766 (¶ 9) (Miss.Ct.App.1999). Melinda argues that by stating in the opinion when addressing fault, "fault (the separation of the husband without explanation)," the chancellor was merely stating the law by listing the factors and such a comment does not imply any punitive intent in the chancellor's decision. Melinda further argues that there was no direct introduction of evidence of Greg's abandonment, but rather the discussion of abandonment was indirect, while discussing the issue of living arrangements and payment of bills prior to the divorce.

¶ 7. Upon review of the record, it cannot be stated that the chancellor abused his discretion by making this comment. After the chancellor issued his opinion, Greg filed a motion for reconsideration arguing that the statement regarding fault was improper. The chancellor denied Greg's request, stating that "[f]ault is a factor which may be considered in awarding alimony and/or an equitable division and therefore can be considered on those issues in a hearing where an irreconcilable differences divorce is being granted." Driste, 738 So.2d at 765-66 (¶¶ 8-9). It is clear from the chancellor's opinion, and further supported by his order denying Greg's motion for reconsideration, that by addressing fault, the chancellor was performing a thorough review of all of the Armstrong factors and speaking to each one individually so as to fully explain his determination of alimony.

¶ 8. Greg further argues that to allow the mention of fault in a no-fault divorce was clearly erroneous. Greg argues that evidence of fault was not introduced, and therefore, any determination of alimony based upon this factor is in error. In support of this contention, Greg cites the case of Burge v. Burge, in which we held:

In Mississippi, consent proceedings are by definition no-fault proceedings; any evidence showing that the divorce was the fault of either party is to be eschewed. The intent of our no-fault divorce statute is to allow parties to agree to avoid the necessity of publicly putting on proofs of private matters.

Burge, 851 So.2d at 387 (¶ 11) (citing Perkins v. Perkins, 787 So.2d 1256, 1263 (¶ 21) (Miss 2001)).

¶ 9. Though this is a correct statement of the law, Greg has misconstrued this language, as the Burge decision is readily distinguished from the case sub judice. In the Burge decision, Shelton Burge originally filed for divorce from his wife alleging habitual cruel and inhuman treatment as well as adultery, pursuant to Mississippi Code Annotated § 93-5-1 (Rev.2004), which lists the twelve causes for divorce. Id. Lisa Marie Burge filed a cross-complaint against Shelton in which she made the same allegations. Id. The parties then came to an agreement and decided to withdraw their contested pleadings and apply for a consent divorce. Id. After obtaining permission to proceed as a consent divorce, Shelton attempted to introduce evidence of Lisa Marie's infidelity at trial, in an attempt to reduce the award of alimony. Id. We held that the chancellor correctly rejected the offer of such proof, as the intentional elicitation of such proof is improper in no-contest proceedings. Id.

*115 ¶ 10. In the case sub judice, Greg argues that the introduction of fault was improper, as he and Melinda's divorce was based upon consent grounds.

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