Reid v. Reid

998 So. 2d 1032, 2008 WL 4981257
CourtCourt of Appeals of Mississippi
DecidedNovember 25, 2008
Docket2007-CA-00220-COA
StatusPublished
Cited by5 cases

This text of 998 So. 2d 1032 (Reid v. Reid) 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
Reid v. Reid, 998 So. 2d 1032, 2008 WL 4981257 (Mich. Ct. App. 2008).

Opinion

998 So.2d 1032 (2008)

Wayne R. REID, Appellant
v.
Susie B. REID, Appellee.

No. 2007-CA-00220-COA.

Court of Appeals of Mississippi.

November 25, 2008.

*1034 Thomas T. Buchanan, Laurel, attorney for appellant.

Ronald L. Whittington, McComb, attorney for appellee.

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

CHANDLER, J., for the Court.

FACTS

¶ 1. Wayne R. Reid and Susie B. Reid, formerly husband and wife, were divorced by order of the Pike County Chancery Court on January 30, 2001. Four children were born of this marriage: Colton Reid, Sawyer Reid, Logan Reid, and Lindsey Reid. Wayne and Susie were ordered to share joint custody of their minor children with Susie having primary physical custody. The chancellor awarded Susie permanent periodic alimony in the amount of $1,000 per month and rehabilitative alimony in the amount of $550 per month for thirty-six months. The court also ordered Wayne to pay $1,560 in child support to Susie.

¶ 2. Wayne filed for a modification of the divorce judgment on October 17, 2002, seeking termination of periodic and rehabilitative alimony. This was resolved by judgment entered on May 8, 2003, finding that Susie should still receive all existing alimony from Wayne.

¶ 3. On February 5, 2005, Susie filed a complaint for modification of child support and other relief wherein she alleged that: (1) the increased needs of the minor children constituted a material change in circumstances and required an increase in child support, and (2) she should be allowed to claim the children as her dependents for tax purposes beginning with the year 2004. In response, on February 1, 2006, Wayne filed an amended counter-complaint *1035 for modification and complaint for citation for contempt alleging that: (1) Susie was now gainfully employed, while his income had not varied, constituting a material change in circumstances requiring a reduction in alimony; (2) he should only have to give twelve to twenty-four hours' notice of his intention to exercise visitation as the forty-eight-hour requirement was impeding on his ability to maintain a close relationship with his children; (3) Susie did not send appropriate clothing with the children when they were with him; (4) Susie eavesdropped on telephone conversations he had with the children; and (5) the oldest child, Colton, had been living with him since October 2005 requiring the grant of primary custody of Colton to Wayne and a grant of child support to Wayne from Susie for Colton. He also alleged that Susie should be held in contempt for: (1) failing to reimburse him for one-half of the reasonable medical expenses of the minor children, (2) refusing to share the four-wheeler they jointly owned for the use of their children, (3) refusing to arrange visitation with the children that would coincide with his work schedule, (4) refusing to allow liberal visitation with the parties' children, and (5) refusing to allow unrestricted access to the children.

¶ 4. On December 20, 2006, the chancellor issued her bench opinion with findings of fact and conclusions of law. She found that Colton was primarily living with his father and that Susie should pay Wayne child support in the amount of 14% of her adjusted gross income of $1,211.60. The chancellor also reduced Wayne's payment of child support to Susie from 24% to 22% to reflect the fact that he was now only paying child support for the three minor children still in her physical custody. The chancellor noted that "the application of the statutory guidelines to the Adjusted Gross Income of each of the parties is reasonable in this case." Thus, Wayne was ordered to pay $1,280 per month in child support-an amount equal to 22% of his gross monthly income, less the 14% of Susie's gross adjusted income he was to receive from Susie as child support for Colton.

¶ 5. The chancellor denied Wayne's request for the modification of Susie's periodic alimony, stating that he failed to show a material change in facts and circumstances with regard to his income that would warrant termination or reduction in her permanent alimony. The chancellor found that Susie should be allowed to claim Logan as her dependent for tax reasons, that Susie was not in contempt for failure to pay medical bills, and that the four-wheeler should remain in Susie's custody. The chancellor did find that Susie was in contempt for her failure to facilitate visitation between Wayne and the children. The chancellor found that Wayne should exercise visitation with the three youngest children on the weekends that he was home from his job and that Colton, the oldest child, should visit with Susie on the weekends that Wayne was working. Finally, the chancellor instructed all parties to refrain from eavesdropping on phone calls between the children and the other parent and to send appropriate clothing with the children when they were visiting the other parent. Payment of attorneys' fees was not awarded to either party.

¶ 6. Wayne alleges that the chancellor erred by: (1) failing to require compliance with Uniform Chancery Court Rule 8.05 and, therefore, applying the wrong legal standard to both the issue of child support and the reduction of alimony, (2) failing to make specific findings on the record required by statute to enable this Court to know the facts supporting the chancellor's determination that the child support guidelines were reasonable in this case, (3) failing to recognize the material change in *1036 circumstances and making findings of fact and conclusions of law in accordance with the Caldwell factors, (4) failing to find a material change in circumstances that would allow for a reduction in alimony, and (5) failing to make specific findings of fact and conclusions of law in accordance with the Armstrong factors. We find that all issues are without merit and affirm the judgment of the chancellor.

ANALYSIS

¶ 7. "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 used." Southerland v. Southerland, 875 So.2d 204, 206(¶ 5) (Miss. 2004) (citing Kilpatrick v. Kilpatrick, 732 So.2d 876, 880(¶ 13) (Miss.1999)). "In cases involving child support, we afford the chancellor considerable discretion, and his findings will not be reversed unless he was manifestly in error or abused his discretion." Id. at 208(¶ 12). "This Court's standard of review is limited in domestic relations cases where the chancery court has decided upon terms of alimony. In such cases[,] the award will not be altered on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error." Crowe v. Crowe, 641 So.2d 1100, 1102 (Miss.1994) (citing Tilley v. Tilley, 610 So.2d 348, 351 (Miss. 1992)). This is especially true in cases involving divorce, child support, and alimony, where the decision will be affirmed unless the reviewing court can say the chancellor was manifestly wrong. See id. The chancellor's factual findings are "insulated from disturbance on appellate review" if they are "supported by substantial credible evidence." McAdory v. McAdory, 608 So.2d 695, 699 (Miss.1992) (citing Jones v. Jones, 532 So.2d 574, 581 (Miss. 1988)). It is under this highly deferential level of scrutiny that we will review all issues alleged by Wayne in his appeal.

I.

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Bluebook (online)
998 So. 2d 1032, 2008 WL 4981257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reid-v-reid-missctapp-2008.