Rodrigue v. Rodrigue

172 So. 3d 1176, 2014 WL 3715476, 2014 Miss. App. LEXIS 416
CourtCourt of Appeals of Mississippi
DecidedJuly 29, 2014
DocketNo. 2012-CA-01835-COA
StatusPublished
Cited by6 cases

This text of 172 So. 3d 1176 (Rodrigue v. Rodrigue) 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
Rodrigue v. Rodrigue, 172 So. 3d 1176, 2014 WL 3715476, 2014 Miss. App. LEXIS 416 (Mich. Ct. App. 2014).

Opinion

GRIFFIS, P.J.,

for the Court:

¶ 1. This appeal considers the divorce of Deidi and Mitchell Rodrigue. The chancellor granted Deidi a divorce on the ground. of uncondoned adultery and entered a judgment that resolved child custody, child support, equitable distribution, alimony, and all other issues between the parties. Deidi appeals the judgment. After consideration, we affirm in part and reverse in part. We remand this case to the chancellor for further proceedings consistent with this opinion.

FACTS

¶'2. Deidi and Mitch were married on June 3, 1989. They have three children. Macie has reached the age of majority. Madden was born in 1994, and she attended Petal High School. Mallori was born in 1997, and she attended Sacred Heart Catholic School.

¶ 3. Mitch is a football coach. They moved to Mississippi so that Mitch could become an assistant coach at the University of Southern Mississippi. Mitch is no longer employed by USM. He is currently an assistant coach at the University of Louisiana — Lafayette.

¶ 4. Deidi and Mitch moved often as Mitch pursued various football coaching jobs. During these years, Deidi worked various clerical and teaching-assistant jobs. Deidi is employed as an administrative assistant at USM.

¶ 5. Deidi and Mitch separated on July 15, 2010. Deidi filed for divorce on June 14, 2011. The complaint alleged that the was entitled to a divorce on the grounds of uncondoned adultery, habitual and excessive use of alcohol, habitual cruel and inhuman treatment, or in the alternative, irreconcilable differences. The chancellor issued a temporary order for custody, visitation, child support, and spousal support on November 4, 2011. A final hearing was held on April 23-24, 2012.

¶ 6. The chancellor issued his final judgment on August 31, 2012. Deidi was granted a divorce on the ground of uncon-doned adultery and was awarded custody of Madden and Mallori. Mitch was ordered to pay child support of $1,112.66 per month. They were ordered to share equally the minor children’s expenses for extracurricular activities and any health-related expenses not covered by insurance. The portions of the judgment related to the issues involved in this appeal are detailed below. It is from this judgment that Deidi now appeals.

STANDARD OF REVIEW

¶ 7. The Mississippi Supreme Court in Lowrey v. Lowrey, 25 So.3d 274, 285 (¶ 26) (Miss.2009), provided a detailed statement of the appropriate standard of review:

A chancellor’s findings of fact will not be disturbed unless manifestly wrong or clearly erroneous. However, the Court will riot hesitate to reverse if it finds the chancellor’s decision is manifestly wrong, or that the court applied an erro[1179]*1179neous legal standard. A chancellor’s conclusions of law are reviewed de novo. The distribution of marital assets in a divorce will be affirmed if it is supported by substantial credible evidence. A chancellor is required to make findings of fact regarding all applicable Ferguson factors. Marital misconduct is a viable factor entitled to be given weight by the chancellor when the misconduct places a burden on the stability and harmony of the marital and family relationship. An equitable division of property does not necessarily mean an equal division of property. Fairness is the prevailing guideline in marital division.

(Internal quotations and citations omitted).

ANALYSIS

I. The chancellor erred in the calcula- ■ tion of equitable distribution, lump-sum alimony, and periodic alimony..

¶ 8. Deidi challenges the chancellor’s equitable division of assets and the award of alimony. In Ferguson v. Ferguson, 639 So.2d 921, 929 (Miss.1994), the Mississippi Supreme Court held:

There are some observations which need to be made in regard to division of marital assets. Initially, this Court notes that existing law regarding periodic alimony and child support is not altered. Upon dissolution of a marriage, the chancery court has the discretion to award periodic and/or lump sum alimony, divide real and personal property, including the divesting of title, and may consider awarding future interests to be received by each spouse. Additionally, homemaker contributions are not to be measured by a mechanical formula, but on the contribution to the economic and emotional well-being of the family unit. Some courts have held that equitable distribution of property has as its goal not only a fair division based upon the facts of the case, but also an attempt to finalize the division of assets and conclude the parties’ legal relationship, leaving them each in a self-sufficient state, where the facts and circumstances permit total dissolution.
Property division should be based upon a determination of fair market value of the assets, and these valuations should be the initial step before determining division- All property division, lump sum or periodic alimony payment, and mutual obligations for child support should be considered together. “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.” Thus, the chancellor may divide marital assets, real and personal, as well as award periodic and/or lump sum alimony, as equity demands. To aid appellate review, findings of fact by the chancellor, together with the legal conclusions drawn from those findings, are required.
In the final analysis, all awards should . be considered together to determine that they are equitable and fair.

(Internal citations omitted).

¶ 9. In Johnson v. Johnson, 650 So.2d 1281, 1287 (Miss.1994), the supreme court provided the proper sequence for the chancellor’s determination. ' First, the chancellor should determine whether the parties’ assets are marital or nonmarital. Id. Second, the marital property should be “equitably divided, employing the Ferguson factors as guidelines, in light of each party’s nonmarital property.” Id. Then, if the divided assets, when considered with each party’s nonmarital assets, “will adequately provide for both parties, no more need be done.” Id. If one party has a deficit, “then alimony based on the value of nonmarital assets should be considered.” Id.

[1180]*1180¶ 10. Here, the chancellor followed the proper procedure. The judgment was fifty-three pages and contained much detail.

A. Equitable Division of Marital Property

¶ 11. The chancellor first classified the parties’’ property as marital or nonmarital and then valued the property.

¶ 12. The parties owned a home in Petal. It was valued at $225,000, with a mortgage of $125,000 and equity of $100,000 (approximate figures used).

¶ 13. The chancellor determined that the parties had a total marital debt of $64,564.25. The chancellor determined that Mitch had a total debt of $47,755.26, but excluded two vehicle loans, Mallori’s tuition at Sacred Heart, the orthodontist bill for the children, and his Home Bank loan in Lafayette, Louisiana. Thus, the chancellor determined that Mitch’s total marital debt was $41,455.26.

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172 So. 3d 1176, 2014 WL 3715476, 2014 Miss. App. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodrigue-v-rodrigue-missctapp-2014.