Rogers v. Rogers

919 So. 2d 184, 2005 WL 1384225
CourtCourt of Appeals of Mississippi
DecidedJune 7, 2005
Docket2004-CA-00160-COA
StatusPublished
Cited by6 cases

This text of 919 So. 2d 184 (Rogers v. Rogers) 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
Rogers v. Rogers, 919 So. 2d 184, 2005 WL 1384225 (Mich. Ct. App. 2005).

Opinion

919 So.2d 184 (2005)

Robert Earl ROGERS, Jr., Appellant,
v.
Donna Leigh ROGERS (Pearson), Appellee.

No. 2004-CA-00160-COA.

Court of Appeals of Mississippi.

June 7, 2005.

*185 Stephen Travis Bailey, Tupelo, attorney for appellant.

Candace Cooper Blalock, attorney for appellee.

Before KING, C.J., CHANDLER and BARNES, JJ.

KING, C.J., for the Court.

¶ 1. Robert Earl Rogers, Jr. and Donna Leigh Rogers Pearson were granted a divorce by the Monroe County Chancery Court based on irreconcilable differences. The parties entered into a separation, support and custody agreement. Aggrieved by the chancellor's decision regarding monthly child support and division of his retirement plan, Mr. Rogers raises the following issue as error which we quote verbatim:

Whether the trial court committed reversible error in the division of the Appellant's 401(k) retirement plan and in determining the monthly child support obligation of the Appellant.

FACTS

¶ 2. Robert and Donna Rogers were married on September 6, 1986, in Monroe County. The parties had one child born to the marriage, Wesley Thomas Rogers, born in 1990.

¶ 3. On April 26, 2000, the parties filed a joint complaint for divorce based upon irreconcilable differences and entered into a written agreement for the division of marital property and the custody and support of the minor child. The agreement placed primary custody of the child with Mrs. Rogers, and gave Mr. Rogers visitation. The agreement provided that Donna Rogers "shall receive one-half of the Husband's 401K in the approximate sum of *186 $69,000.00." The agreement required that Mr. Rogers provide support and maintenance for the child as follows:

Support and Maintenance of Child. The Husband shall pay to the Wife, for support and maintenance of the minor child of the parties, the sum of 14 percent of his adjusted gross income or $600.00 per month. Additionally, the Husband shall pay 14 percent of any and all future bonuses and salary increases. Husband will be responsible for all medical, optical, drug, dental, hospital and doctor bills incurred by the minor child. The Husband shall be responsible for providing the child with all clothing, school and college expenses, trips, an automobile and automobile expenses. The Husband will maintain $100,000.00 in life insurance with the child named as beneficiary until the child graduates from college or becomes emancipated.

Only Mrs. Rogers was represented by an attorney in these proceedings, and all documents were drafted by Mrs. Rogers' attorney.

¶ 4. On June 22, 2000, the parties filed an amended agreement. The amended agreement stated that "The parties agree that the child support shall stop at the time the minor child becomes emancipated or upon the minor child being accepted into an institution of higher learning. If the child does enter college, the Husband shall no longer pay child support but does agree to support the child during his college years."

¶ 5. On June 26, 2000, the chancellor entered a final decree of divorce, which sought to incorporate the terms of the agreement between the parties. In that decree, the chancellor provided:

(3) Robert Earl Rogers, Jr. shall pay unto Donna Leigh Rogers the sum of 14% of his adjusted gross income or no less than $600.00 per month as child support. Additionally Robert Earl Rogers shall pay to Donna Leigh Rogers 14 percent of any and all future bonuses and salary increases. Robert Earl Rogers shall be responsible for all medical, dental, doctor, drug, hospital and optical expenses incurred by the minor child. Robert Earl Rogers, Jr. shall be responsible for providing the child with all clothing, school and college expenses, trips, an automobile and automobile expenses.
Robert Earl Rogers, Jr. shall maintain $100,00.00 [sic] in life insurance with the child names [sic] as beneficiary until the child graduates from college or becomes emancipated.
The parties agree that the child support shall stop at the time the minor child becomes emancipated or upon the minor child being accepted into an institution of higher learning. If the child does enter college, Robert Earl Rogers, Jr. shall no longer pay child support but agrees to support the child during his college years.
(4) Donna Leigh Rogers is awarded one-half (½) of Robert Earl Rogers, Jr. 401K in the approximate sum of $69,00.00 [sic].

¶ 6. On February 20, 2001, Mr. Rogers requested that the chancellor modify the final decree by (1) awarding him custody of the minor child, (2) granting visitation to Mrs. Rogers, and (3) requiring Mrs. Rogers to pay child support. On March 21, 2001, Mrs. Rogers filed an answer and cross-complaint for contempt alleging that Mr. Rogers was delinquent in child support payments and had failed to transfer to her one-half of his 401(k) retirement plan.

¶ 7. On May 14, 2003, Mrs. Rogers filed a motion to clarify the final decree of divorce. In that motion, Mrs. Rogers *187 asked the court to clarify the amount awarded to her from the 401(k) retirement plan. The final decree reflected that Mrs. Rogers was awarded $69,00.00 from Mr. Rogers' 401(k) retirement plan, while the agreement reflected that she was awarded one-half of Mr. Rogers' 401(k) in the approximate sum of $69,000. In his response to the motion for clarification, Mr. Rogers argued that Mrs. Rogers was only entitled to one-half of the value of his 401(k) retirement plan at the time a Qualified Domestic Relations Order was entered, and only $600 per month as child support.

¶ 8. At a July 11, 2003 hearing on the motion to modify and the counterclaim, the parties announced to the chancellor that they had resolved the custody and visitation issues and agreed to submit briefs to the chancellor on the division of the 401(k) and any child support arrearage. On September 17, 2003, the chancellor entered an order, which reflected that agreement.

¶ 9. Pursuant to the agreed order of September 17, 2003, the chancellor entered an order clarifying the final decree of divorce. In that order, the chancellor found that Mr. Rogers owed Mrs. Rogers the approximate amount of $69,000 from his 401(k) retirement account as it existed on the date of divorce and that Mr. Rogers would pay a minimum of $600 per month as child support with payment of an additional fourteen percent for all bonuses and increases.

¶ 10. On October 30, 2003, the chancellor entered a Qualified Domestic Relations Order awarding Mrs. Rogers $69,000 from Mr. Rogers' retirement account. On October 31, 2003, Mr. Rogers filed a motion to alter or amend judgment, to which Mrs. Rogers responded. On November 17, 2003, the chancellor entered an order denying the motion to alter or amend judgment. Mr. Rogers now appeals the chancellor's decision.

ISSUE AND ANALYSIS

Whether the trial court committed reversible error in the division of Mr. Rogers' 401(k) retirement plan and in determining the monthly child support obligation of Mr. Rogers.

Standard of Review

Because the resolution must be reached via the interpretation of a divorce judgment, our task is to view the terms of the document, find their legal meaning, and adjudge their enforceability. The familiar manifest error/substantial evidence rules have no application to such questions of law. Consequently, our review is de novo,

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Bluebook (online)
919 So. 2d 184, 2005 WL 1384225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-rogers-missctapp-2005.