Thompson v. Thompson

894 So. 2d 603, 2004 WL 2036928
CourtCourt of Appeals of Mississippi
DecidedSeptember 14, 2004
Docket2003-CA-00223-COA
StatusPublished
Cited by8 cases

This text of 894 So. 2d 603 (Thompson v. Thompson) 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
Thompson v. Thompson, 894 So. 2d 603, 2004 WL 2036928 (Mich. Ct. App. 2004).

Opinion

894 So.2d 603 (2004)

Anne Callaway Sweat THOMPSON, Appellant
v.
Allen Hale THOMPSON, Appellee.

No. 2003-CA-00223-COA.

Court of Appeals of Mississippi.

September 14, 2004.
Rehearing Denied November 23, 2004.
Certiorari Denied February 24, 2005.

*604 Lee Davis Thames, Jackson, J. Mack Varner, Vicksburg, attorneys for appellant.

Fritzie Louise Toney Ross, Joel J. Henderson, Greenville, attorneys for appellee.

EN BANC.

GRIFFIS, J., for the Court.

¶ 1. Anne Callaway Sweat Thompson and Allen Hale Thompson were granted an irreconcilable differences divorce by the Chancery Court of Washington County. The parties agreed that the chancellor would decide the equitable division of marital assets, award of alimony, and award of child support. Anne appeals the chancellor's decision.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. Anne and Allen were married on January 29, 1989. They had three children: Bett was born on November 6, 1989, May was born on May 4, 1991, and Grace was born on September 7, 1993.

¶ 3. At the time of their marriage, both Anne and Allen had completed medical school. Allen completed medical school in 1985 and received his medical license in 1986. At the time of their marriage, Allen was employed as a physician with the Mississippi State Hospital.

¶ 4. In approximately March of 1989, Anne and Allen moved to Greenville. Allen began to practice internal medicine with the Greenville Clinic, P.A. Allen eventually acquired an equity interest in the Greenville Clinic. Allen also acquired an equity interest in various businesses and entities that were affiliated with the Greenville Clinic, including the Greenville Clinic Equipment, Inc. and the Greenville Clinic Properties, Inc. In addition, at the time of their divorce, Allen owned an equity interest in Colorado Land Company, LLC; Colorado Land Company II, LLC; Greenville Ambulatory Surgical Center Holding Company LLC; and Mississippi Delta IPA, LLC. Allen's assets also included retirement accounts that he obtained from his earnings at the Greenville Clinic.

¶ 5. Upon Bett's birth, Anne discontinued residency training and assumed the role of a full-time homemaker and stay-at-home mom. As a result of this decision, Anne did not complete her medical training required to practice in a specialized field of medicine.

¶ 6. When Bett turned one, Anne began to work part-time at the Delta Health Center. After taking a short maternity leave after the birth of May and Grace, Anne returned to her part-time employment. At all times, however, Anne retained her role as the primary caregiver for their children. Anne's assets consisted of a small retirement account she acquired during her employment with Delta Health Center.

¶ 7. In June of 2001, Anne filed for divorce. She alleged as grounds for divorce habitual, cruel, and inhuman treatment *605 and, in the alternative, irreconcilable differences. Allen counterclaimed for divorce on the same grounds.

¶ 8. Anne filed a motion for temporary relief and support. The chancellor awarded Anne temporary custody of the children, but did not award her any temporary child support or spousal support. The chancellor ordered both parties to remain in the marital house, with Allen paying all bills. These arrangements failed. Anne and the children moved to Johnson City, Tennessee. Without an appropriate order granting temporary relief, Anne incurred substantial credit card debts to support herself and the children.

¶ 9. On September 20, 2001, the parties withdrew their fault based grounds and agreed to an irreconcilable differences divorce. After hearing the contested issues, the chancellor executed a memorandum opinion and judgment of divorce.

¶ 10. The chancellor awarded Anne custody of the three children and $400 a month per child in child support. The chancellor denied periodic alimony, but awarded Anne $50,000 in lump sum alimony. The chancellor noted that Anne had accumulated $17,000 in credit card debt, while caring for the children since the parties' separation, and ordered Allen to pay this amount. The chancellor allowed Allen to claim one of the children on his income tax returns. The chancellor removed Anne as custodian of education accounts the couple had set up for their children.

¶ 11. Allen and Anne each received a half interest in the marital home. Allen and Anne received their retirements, valued at $178,653 and $11,655, respectively. Allen's retirement assets included his 401k at the Greenville Clinic, valued at $137,371, and an individual retirement account, valued at $41,282. Allen retained full ownership of all his equity interests in the companies previously identified and all of his investments.

¶ 12. Anne appeals and asserts that the chancellor erred in (1) equitably distributing the marital assets, (2) awarding alimony, (3) awarding child support, (4) granting Allen an income tax exemption, and (5) removing Anne and replacing Allen as the custodian of the children's education accounts. Finding error, we reverse and remand for further proceedings consistent with this opinion.

STANDARD OF REVIEW

¶ 13. This Court will not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous, or applied an erroneous legal standard. Flechas v. Flechas, 791 So.2d 295, 299(¶ 7) (Miss.Ct.App.2001). We are required to respect the chancellor's findings of fact that are supported by credible evidence and not manifestly wrong. Sandlin v. Sandlin, 699 So.2d 1198, 1203 (Miss.1997). Nonetheless, if manifest error is present or a legal standard is misapplied, this Court will not hesitate to reverse. Tilley v. Tilley, 610 So.2d 348, 351 (Miss.1992).

ANALYSIS

I. The chancellor manifestly erred in her attempt to equitably distribute the marital assets.

II. The chancellor manifestly erred and abused her discretion regarding alimony.

¶ 14. In the dissolution of a marriage, the division of property and the award of alimony are to be considered together. Burnham-Steptoe v. Steptoe, 755 So.2d 1225, 1233(¶ 25) (Miss.Ct.App.1999). The chancellor must follow certain guidelines for: (a) the equitable division of assets, Ferguson v. Ferguson, 639 So.2d *606 921, 928 (Miss.1994); (b) an award of periodic alimony, Armstrong v. Armstrong, 618 So.2d 1278, 1280 (Miss.1993); and (c) an award of lump sum alimony, Cheatham v. Cheatham, 537 So.2d 435, 438 (Miss.1988). Proper application of these guidelines will allow the chancellor to "conclude the parties' legal relationship, leaving each in a self-sufficient state." Ferguson, 639 So.2d at 929.

¶ 15. The chancellor's consideration begins with the equitable division of marital property followed by the consideration of an award of lump sum and/or periodic alimony. King v. King, 760 So.2d 830, 835-36(¶ 18) (Miss.Ct.App.2000). Anne claims that the chancellor failed to equitably divide the couple's assets. Specifically, she asserts that the chancellor failed to consider Allen's investments and retirement accounts as marital property, and this decision resulted in an inequitable distribution of the marital assets.

¶ 16. On the equitable division of assets, the chancellor opined:

The parties have represented to the Court that all furniture and household goods have been divided. It appears from the testimony that the parties own a house and lot located at 111 Bayou Road in Greenville. The Court directs that the house be sold and the equity divided between the parties.

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Bluebook (online)
894 So. 2d 603, 2004 WL 2036928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-thompson-missctapp-2004.