Tatum v. Tatum

54 So. 3d 855, 2010 Miss. App. LEXIS 391, 2010 WL 2816669
CourtCourt of Appeals of Mississippi
DecidedJuly 20, 2010
DocketNo. 2008-CA-01858-COA
StatusPublished
Cited by3 cases

This text of 54 So. 3d 855 (Tatum v. Tatum) 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
Tatum v. Tatum, 54 So. 3d 855, 2010 Miss. App. LEXIS 391, 2010 WL 2816669 (Mich. Ct. App. 2010).

Opinion

KING, C.J.,

for the Court:

¶ 1. The Lamar County Chancery Court granted a divorce to Lauren Tatum from Joseph Tatum III on the ground of adultery. The chancellor divided the marital assets valued at approximately $978,000, awarded Lauren alimony, and ordered Joseph to pay child support. Aggrieved, Joseph appeals, raising five issues: (1) whether the chancellor erred as a matter of law in his failure to properly consider the Ferguson factors governing the equitable distribution of the marital assets; (2) whether the chancellor erred as a matter of law in awarding alimony; (3) whether the chancellor erred in his calculation of child support; (4) whether the chancellor erred in placing the savings for the children in Lauren’s name rather than in both parties’ names or the children’s names only; and (5) whether the chancellor erred as a matter of law in awarding attorney’s fees to Lauren. We affirm the judgment of the chancellor as to the distribution of the marital assets, alimony, child support, and the placement of Lauren’s name on the children’s savings accounts; however, we reverse and remand as to that portion of the judgment regarding the award of attorney’s fees.

FACTS

¶ 2. Lauren and Joseph married on May 12, 2001, in Forrest County, Mississippi. The couple subsequently moved to Purvis, Lamar County, Mississippi, where they lived together with their children for more than six years until their separation. The [858]*858Tatums are the parents of two children, Britton A. Tatum, born on June 22, 2000, and Cora A. Tatum, born on February 8, 2002.

¶ 3. After the parties were married, Joseph and Lauren agreed that Joseph would work, and Lauren would stay home with the children. Throughout the marriage, Joseph was the primary breadwinner while Lauren was primarily responsible for household chores and caring for the children.

¶ 4. On September 18, 2007, Lauren filed for divorce alleging adultery, habitual cruel and inhuman treatment, and, alternatively, irreconcilable differences. In her complaint, Lauren asked the court for custody of the children; reasonable child support, including tuition for private school; alimony; equitable distribution of the marital assets and liabilities; medical insurance for herself and the children; payment of all medical, dental and other related expenses not covered by insurance; and payment of her attorney’s fees and court costs.

¶ 5. After a hearing on November 13, 2007, the chancellor entered a temporary order on November 29, 2007, granting Lauren exclusive use and occupancy of the marital home and joint legal custody of the children. Joseph was ordered to pay $3,811 in spousal and child support, pay the outstanding balance for Britton’s speech therapy, and pay an outstanding balance for services rendered by the Hat-tiesburg Clinic. In addition, both parties were granted permission to remove $25,000 from their joint savings account. Joseph and Lauren were ordered not to waste or dispose of any other assets of the marital estate. Both parties were also ordered to abide by the set visitation schedule.

¶ 6. On March 18, 2008, the chancellor conducted a trial on the grounds for divorce. As a result, Lauren was granted a divorce on the ground of adultery, and the chancellor held open the issues of property distribution, alimony, and child support. The chancellor also directed the parties to attempt to agree upon an appraiser to determine the value of the real property accumulated during the marriage. On March 27, 2008, Joseph and Lauren reported to the chancellor that they had agreed to hire Greg Wheeler, a real-estate appraiser, to determine the value of the real property accumulated during the marriage. On June 4, 2008, and June 25, 2008, the chancellor tried the issues of child custody and visitation, division of the marital property, child support, and alimony. On October 1, 2008, the chancellor rendered a judgment regarding child support, visitation, distribution of property, and alimony. Taking into account the record, the chancellor awarded Joseph and Lauren joint legal custody of the minor children with Lauren having primary physical custody and Joseph receiving reasonable visitation. The chancellor divided the marital assets. The chancellor awarded Lauren the marital home, the household items, the money market account, a sum of $50,000 to be paid immediately, the Toyota Highlander, funds remaining in Lauren’s accounts at both Regions Bank and Trustmark Bank, and funds remaining in the American Funds IRA. Joseph was ordered to immediately quitclaim his interest in the marital home to Lauren. The chancellor awarded Joseph the properties in Luxury Holdings, the funds in Joseph’s checking account, the funds in the Luxury Holdings account, the funds in the Luxury Properties bank account, the Tidewater boat, the Bad Boy Buggy, and one-half of the value of the stimulus check. Lauren was ordered to quitclaim her interest in the Luxury Holdings.

[859]*859¶ 7. The chancellor determined the following items to be non-marital property belonging to Lauren: the Smith Barney ROTH IRA account (# XXX-XXXXO), the .357 Magnum revolver, and the 30.06 rifle. The chancellor determined that the three-acre lot adjacent to the martial home, the 1998 mobile home, the Smith Barney 401K, the Smith Barney stock account, the Smith Barney ROTH IRA account (# XXX-XXXX9), the Fidelity account, the gun safe, and the guns other than those previously identified as belonging to Lauren, were non-marital property belonging to Joseph. The chancellor also directed that each party would retain ownership of the items not specifically identified in the judgment that was in his or her possession as of June 25, 2008. The chancellor ordered Joseph to pay $750 per child in monthly child support; provide health and hospitalization insurance for the children; pay three-quarters of the costs of the children’s medical costs not covered by insurance; maintain life insurance in his name with each child named as the beneficiary of $250,000; timely pay the children’s tuition, registration, and student fees for private school; pay for the extracurricular activities of the children in which he enrolls the children; and pay Lauren $48,000 in rehabilitative alimony, payable at a rate of $2,000 per month for twenty-four months. The chancellor held that Joseph would claim the children as dependents for tax purposes. In addition, Joseph was ordered to pay $15,000 for Lauren’s attorney’s fees. Lauren was ordered to pay for the extracurricular activities in which she enrolls the children.

¶ 8. Aggrieved, on October 10, 2008, both Joseph and Lauren filed motions to amend the judgment. Lauren requested the chancellor to modify the judgment in the following manner: (1) give Joseph every other weekend visitation from 5:00 p.m. on Friday afternoon until 5:00 p.m. on Sunday afternoon; (2) require Joseph to pay $36,974.04, which represented all the attorney’s fees that she had incurred in this action and all additional attorney’s fees she will incur in the future; and (3) find Joseph in contempt, require him to pay immediately the outstanding balance due to Hattiesburg Clinic, and impose all sanctions the chancellor deems appropriate. Joseph requested the chancellor to grant a new trial or alter the judgment. Specifically, Joseph requested that the chancellor amend the award of alimony, attorney’s fees, division of marital assets, child support, and the placing of Lauren’s name on the children’s savings account. The chancellor denied the parties’ motions to amend the judgment of divorce, and Joseph timely appealed on November 12, 2008.

STANDARD OF REVIEW

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Bluebook (online)
54 So. 3d 855, 2010 Miss. App. LEXIS 391, 2010 WL 2816669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tatum-v-tatum-missctapp-2010.