Speed v. Speed

757 So. 2d 221, 2000 WL 280715
CourtMississippi Supreme Court
DecidedMarch 16, 2000
Docket1998-CA-01526-SCT
StatusPublished
Cited by21 cases

This text of 757 So. 2d 221 (Speed v. Speed) 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
Speed v. Speed, 757 So. 2d 221, 2000 WL 280715 (Mich. 2000).

Opinion

757 So.2d 221 (2000)

Jean B. SPEED
v.
Joseph L. SPEED.

No. 1998-CA-01526-SCT.

Supreme Court of Mississippi.

March 16, 2000.

*222 James H. Herring, Robert W. Long, Canton, Attorneys for Appellant.

Leslie R. Brown, Jackson, Attorney for Appellee.

EN BANC.

MILLS, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. This appeal arises from a judgment against Joseph L. Speed in favor of Jean B. Speed rendered by the Chancery Court of the First Judicial District of Hinds County, Mississippi. Ms. Speed filed a Complaint for Citation of Contempt against Mr. Speed alleging that he was in arrears in payment of alimony in the sum of $349,638. In response to the Complaint for Contempt, Mr. Speed filed a Motion for Summary Judgment asserting that the escalation clause in the property settlement agreement was void. Although Mr. Speed's Motion for Summary Judgment was denied and he was found in contempt, the chancellor found the escalation clause void and ultimately awarded Jean Speed a judgment in the sum of $111,229. Aggrieved by the chancellor's judgment, Ms. Speed appeals and assigns the following issues as error:

ISSUES
I. Whether the chancellor erred in ruling that an escalation clause contained in a separation and property agreement is void and unenforceable.
*223 II. Whether the chancellor erred in ruling that Joseph Speed was entitled to credit for those sums paid by him over and above the $1,500 per month obligation from June, 1979, through October, 1989, together with interest calculated at the rate of 8% per annum.

FACTS

¶ 2. According to the record, the parties were divorced on June 20, 1979. A "Child Custody, Separation Agreement, Alimony Agreement and Property Settlement Agreement" was executed by both of the parties and was incorporated in the Final Decree of Divorce which was approved by the trial court. The agreement provided in pertinent part as follows:

6. The husband further agrees to pay unto the wife the sum of $3,000 per month alimony and child support, with the sum of $1,500 per month thereof being allocated as alimony, and the sum of $1,500 per month thereof being allocated as child support, which will continue until the children reach their majority of twenty-one (21) years, marry, drop out of school without the permission of both parents; or otherwise become self-supporting. In addition to the foregoing said payments herein above provided shall increase or decrease directly in relation to the increases and the cost of living as determined by the U.S. Department of Commerce Consumers Cost of Living Index, to be adjusted annually....

(emphasis added).

¶ 3. Both parties agree that Mr. Speed, at the very least, made regular $1,500 alimony payments plus all costs of living increases to Ms. Speed in accordance with the terms of the Agreement, until November, 1987, when he discontinued cost of living increases and slightly reduced his monthly alimony payments. Mr. Speed stopped making alimony payments after October, 1989, because he testified that he was experiencing some financial difficulty. According to the testimony, Mr. Speed acknowledged that he owed Ms. Speed "some money" but that he just wanted "some equity and fairness." The evidence showed that in 1996 Mr. Speed had an adjusted gross income of $305,949, a house and 103 acre farm valued at $325,000 and owned other unmortgaged assets of a value in excess of $1,000,000. Both parties agree that the disputed payments are for periodic alimony in both form and substance.

¶ 4. The chancellor found that Mr. Speed was in contempt for failure to make required alimony payments, but that he never owed Ms. Speed monthly alimony payments in excess of $1,500 per month, notwithstanding the provisions of the Final Decree of Divorce and the Agreement, which contained an escalation clause tied solely to the Consumer Price Index. Mr. Speed's counterclaim to modify his monthly alimony payments was denied and dismissed by order of the trial court dated June 8, 1998. The chancellor later amended the ruling and gave Mr. Speed credit for any payments made by him "in excess of $1,500 per month from June, 1979 through October, 1989, together with interest at the rate of 8% per annum." In the trial court's last order dated September 15, 1998, Mr. Speed was given credit for monthly payments in excess of $1,500 per month from June 1, 1979 through October 1, 1989 plus accrued interest.

¶ 5. After taking into account these credits, the chancellor finally awarded Ms. Speed a judgment against Mr. Speed in the sum of $111,229 in unpaid alimony with interest at the legal rate. Ms. Speed appeals from the chancellor's ruling since she believes she was entitled to a judgment against Mr. Speed for delinquent alimony payments from June 1, 1979, until the date of the final judgment rendered by the trial court. Ms. Speed also claims an additional amount that would take into consideration the cost of living increases as required by *224 the original Agreement executed by both parties, together with accrued interest at the rate of 8% per annum.

DISCUSSION

¶ 6. Our general standard of review for an award of alimony is familiar and well-settled. Alimony awards are within the sound discretion of the chancellor. McEachern v. McEachern, 605 So.2d 809, 814 (Miss.1992). As we stated in Watson v. Watson, 724 So.2d 350, 354 (Miss.1998):

Our scope of review in domestic relations matters is limited by our familiar substantial evidence/manifest error rule. Stevison v. Woods, 560 So.2d 176, 180 (Miss.1990). "This Court will not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Bell v. Parker, 563 So.2d 594, 596-97 (Miss.1990). See also Ferguson v. Ferguson, 639 So.2d 921 (Miss.1994); Faries v. Faries, 607 So.2d 1204, 1208 (Miss.1992). In other words, "[o]n appeal [we are] required to respect the findings of fact made by a chancellor supported by credible evidence and not manifestly wrong." Newsom v. Newsom, 557 So.2d 511, 514 (Miss.1990). See also Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986). This is particularly true in areas of divorce, alimony and child support. Tilley v. Tilley, 610 So.2d 348, 351 (Miss.1992); Nichols v. Tedder, 547 So.2d 766, 781 (Miss.1989). The word "manifest", as defined in this context, means "unmistakable, clear, plain, or indisputable." Black's Law Dictionary 963 (6th ed.) 1990. Magee v. Magee, 661 So.2d at 1122 (Miss.1995).
* * *
The award of periodic alimony arises from the duty of the husband to support his wife. McDonald v. McDonald, 683 So.2d 929, 931 (Miss.1996). "The husband is required to support his wife in the manner to which she has become accustomed, to the extent of his ability to pay." Brennan v. Brennan, 638 So.2d 1320, 1324 (Miss.1994).

Watson, 724 So.2d at 354 (quoting in part Magee v. Magee, 661 So.2d 1117, 1122 (Miss.1995)). While the usual standard of review for periodic alimony is highly deferential, our standard of review in this case is de novo since we must determine what the settlement agreement required. Weathersby v. Weathersby, 693 So.2d, 1348, 1352 (Miss.1997); see also Webster v. Webster, 566 So.2d 214, 216 (Miss.1990).

¶ 7.

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Bluebook (online)
757 So. 2d 221, 2000 WL 280715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speed-v-speed-miss-2000.