Short v. Short

131 So. 3d 1149, 2014 WL 464747, 2014 Miss. LEXIS 85
CourtMississippi Supreme Court
DecidedFebruary 6, 2014
DocketNo. 2011-CT-01096-SCT
StatusPublished
Cited by10 cases

This text of 131 So. 3d 1149 (Short v. Short) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Short v. Short, 131 So. 3d 1149, 2014 WL 464747, 2014 Miss. LEXIS 85 (Mich. 2014).

Opinions

ON WRIT OF CERTIORARI

PIERCE, Justice,

for the Court:

¶ 1. William Andrew Short (Andy) and Kathryn Taylor Short were divorced in 2007. As part of the divorce judgment, the parties entered into a property, child-[1151]*1151support, and child-custody agreement stipulating that Andy would pay child support in the amount of $50,000 per year until the child began kindergarten; thereafter, he would pay fifteen percent of his adjusted gross income (AGI), never to fall below $36,000 per year.

¶ 2. In 2011, Kathryn filed a complaint for contempt, alleging that Andy had failed to make child-support payments. Andy filed a counter-complaint for custody and to modify child support. Andy alleged a material change in circumstances because of a significant reduction in his adjusted gross income, requiring a new child-support calculation. The chancellor found that no material change in circumstances had occurred and ordered Andy to continue paying the minimum requirement of $36,000 per year in child support, pursuant to the original child-support agreement.

¶ 3. Andy appealed, arguing that the chancellor had disregarded statutory child-support guidelines, that the child-support provision in the parties’ agreement violates Mississippi law, and that the chancellor had erred in calculating Andy’s adjusted gross income. The Mississippi Court of Appeals affirmed, finding that the chancellor had considered all of the appropriate factors for modification and had supported his conclusions with findings of fact from the record. Short v. Short, 131 So.3d 1200, 1202 (Miss.Ct.App.2013).

¶ 4. Andy filed a petition for writ of certiorari, stating that the Court of Appeals had failed to address his argument that the automatic child-support-ealeulation clause violates Mississippi law. Andy also claimed that the Court of Appeals failed to consider that the chancellor had wholly disregarded the statutory child-support guidelines, had erred by affirming the chancellor’s finding that no material change in circumstances had occurred, and had overlooked the substantive error in the chancellor’s calculation of Andy’s adjusted gross income. We granted certio-rari.

STANDARD OF REVIEW

¶ 5. Factual findings made by the chancery court will not be disturbed if they are “supported by substantial evidence unless [we] can say with reasonable certainty that the chancellor abused his discretion, was manifestly wrong, clearly erroneous or applied an erroneous legal standard.” Biglane v. Under the Hill Corp., 949 So.2d 9, 14 (Miss.2007) (quoting Cummings v. Benderman, 681 So.2d 97, 100 (Miss.1996)).

¶ 6. Additionally, support agreements pursuant to an irreconcilable-differences divorce cannot be modified without a finding of a material change in circumstances, which was not foreseeable prior to the time of the judgment of divorce. Tingle v. Tingle, 573 So.2d 1389, 1391 (Miss.1990).

ANALYSIS

I. Whether the child-support obligation is modifiable.

¶ 7. Andy argues that the trial court found that the child-support obligation was not modifiable and states that he is forever bound to pay at least $3,000 per month in child support without regard for his or global circumstances. It is clear from the record that, during the chancellor’s ruling on whether a material change in circumstances had occurred, he conducted a full analysis under the factors set forth in Pipkin v. Dolan, 788 So.2d 834 (Miss.Ct.App.2001). However, the chancellor later focused on the mandatory language in the parties’ agreement stipulating that Andy should never pay less than $3,000 per month in child support. Ultimately, the chancellor ruled that the child-support [1152]*1152agreement would remain in effect based on his consideration of the factors, the best interest of the child, and Andy’s agreement to be bound by the terms of the child-support agreement.

¶ 8. The chancellor’s ruling gives the impression that the child-support agreement was unmodifíable because Andy had agreed to be bound by its terms. However, support obligations most certainly can be modified when there is a finding of a material change in circumstances, which was not foreseeable at the time of the judgment of divorce.1 Tingle v. Tingle, 573 So.2d 1389, 1391 (Miss.1990). Therefore, the chancellor’s ruling is reversed, and this case is remanded for a determination of whether a material change in circumstances has occurred.

II. Whether the chancellor erred in failing to consider the statutory guidelines for child support.

¶ 9. Andy asserts that the trial court disregarded the statutory guidelines for child support, constituting error. However, Andy fails to address that the child support was ordered pursuant to an agreement that Andy freely entered into. We consider (1) the importance of allowing parties to reach their own agreements during divorce settlements, and (2) the importance of holding parties to those agreements. Bell v. Bell, 572 So.2d 841, 844 (Miss.1990). Further, when assessing child-support and custody agreements, it is crucial to ensure that the agreement is “adequate and sufficient” to provide “... for the care and maintenance of the children .... ” Bell, 572 So.2d at 845 (citing Miss.Code Ann. § 93-5-2 (Rev.2013)).

¶ 10. Here, the parties were given the broad latitude prescribed to them in Bell, and they used that latitude to form an agreement that they both presented to the chancellor as sufficient, to support their child. Although, on the surface, it appears the amount of child support is indeed high, Andy freely consented to provide more support for his child than is recommended by the statutory guidelines. Stigler v. Stigler, 48 So.3d 547, 551 (Miss.Ct.App.2009) (Escalation clause did not violate Tedford v. Dempsey because “... parties may in fact agree on their own volition to do more than the law requires of them. Where such a valid agreement is made, it may be enforced just as any other contract.”). See Tedford v. Dempsey, 437 So.2d 410, 419 (Miss.1983). The facts of this case support that the parties knowingly and willingly entered into an agreement that reflected both of their decisions as to what amount would be sufficient to support their child. Thus, Andy should be required to adhere to the agreement he freely entered into, which was deemed sufficient by the chancellor and was incorporated into the judgment of divorce, unless a material change in circumstances is proven. Bell, 572 So.2d at 844-45; see also Steiner v. Steiner, 788 So.2d 771, 776-77 (Miss.2001) (Defendant was not relieved of making “high” alimony payments to his former wife just because he may have made a “bad deal.”). This issue is without merit.

III. Whether the child-support agreement is binding.

¶ 11. Andy requests that this Court address, on first impression, the enforce[1153]*1153ability of a de-escalation clause contained in a child-support agreement.

¶ 12. This Court’s evolving interpretation on including escalation clauses in child-support agreements breaks ground in Tedford v. Dempsey,

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131 So. 3d 1149, 2014 WL 464747, 2014 Miss. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-short-miss-2014.