Wallace v. Bond

745 So. 2d 844, 1999 WL 628149
CourtMississippi Supreme Court
DecidedAugust 19, 1999
Docket97-CA-01532-SCT
StatusPublished
Cited by12 cases

This text of 745 So. 2d 844 (Wallace v. Bond) 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
Wallace v. Bond, 745 So. 2d 844, 1999 WL 628149 (Mich. 1999).

Opinion

745 So.2d 844 (1999)

Jerry R. WALLACE
v.
Ann Laney (Jeni) Wallace BOND.

No. 97-CA-01532-SCT.

Supreme Court of Mississippi.

August 19, 1999.

*845 Lawrence Primeaux, Meridian, Attorney for Appellant.

Webb Franklin, Greenwood, Attorney for Appellee.

BEFORE PITTMAN, P.J., McRAE, AND SMITH, JJ.

SMITH, Justice, for the Court:

¶ 1. Jerry R. Wallace appeals to this Court from an adverse decision of the Chancery Court of Madison County which found that Wallace's child support should be increased. After due consideration, we find that the chancellor failed to make specific findings of fact as to why he deviated from the support guidelines set out by statute, Miss.Code Ann. 43-19-101(2) (Rev.1993), see Knutson v. Knutson, 704 So.2d 1331 (Miss.1997). We also note that Ms. Bond offered very slim proof in support of her modification petition. We, therefore, reverse and remand.

FACTS

¶ 2. Ann Laney (Jeni) Wallace Bond (hereinafter "Jeni") and Jerry R. Wallace (hereinafter "Jerry") were married on August 13, 1983, and two children were born of the marriage, Jacob Rhoads Wallace, born July 11, 1990, and Laney McKee Wallace, born May 11, 1992. Irreconcilable differences led to their separation in June of 1992. A final judgment of Divorce was rendered on June 10, 1994 in the Chancery Court of Madison County, Mississippi.

¶ 3. Following the parties decree of divorce, Jeni maintained full custody, care, and control of said minor children. Reasonable visitation rights were granted to Jerry. According to their agreement, Jerry was required to pay the sum of $500.00 *846 per month for each child for a total of $1,000.00 per month. The parties also agreed that, in addition to the $1,000.00 per month child support, Jerry would also be responsible for the children's medical bills in any amount that exceeded their policy coverage. Jerry also agreed to maintain a life insurance policy in the amount of not less than $250,000 for the benefit of the minor children, which cost Jerry $1,003.88 per month.

¶ 4. On March 27, 1997, Jeni filed a petition for modification of final judgment, alleging that, due to a material increase in Jerry's income and the increase in the children's needs, the final judgment should be modified. Jeni introduced as evidence earnings from Jerry's law firm, and his 1993, 1994, and 1995 federal income tax returns. She argued that these facts constituted a material change in circumstances since the time of final judgment and therefore the judgment should be modified.

¶ 5. At the time of the final hearing in this case, Jerry was employed with the Crosthwait Terney law firm in Jackson, Mississippi. He became employed with this firm in May of 1996 and was then promoted to partner in January 1997. In 1993, Jerry reported a total income of $38, 793. In 1994, Jerry reported total earnings of $123,677. And again, in 1995, Jerry reported total income of $123, 701. In 1997, at the time of the modification hearing, Jerry was receiving an annual draw from his firm of $115,000 against his partner's share of anticipated earnings.

¶ 6. Jeni is a registered nurse who is employed with Greenwood Leflore Hospital. Jeni has also remarried. She alleged, in testimony, that her monthly expenses exceeded her monthly income. Jeni also demonstrated that her two children were enrolled in private school which was due to a mutual decision of both Jeni and Jerry that Pillow Academy would be in the best interests of the children.

¶ 7. On March 27, 1997, Jeni petitioned the Chancery Court of Madison County, Mississippi for modification of final judgment. On November 3, 1997, Honorable J.W. Walker, ordered Jerry to pay $700 per month per child. This increased his total amount from $1,000 per month to $1,400 per month. The chancellor found that, since Jerry's income exceeds $50,000.00, and regardless of the child support guidelines set out in § 43-19-101 of the Mississippi Code of 1972, an increase of $200.00 per month per child was reasonable, warranted and supported by the evidence. However, the chancellor made no specific findings of fact to establish why the child support guidelines would be unjust or inappropriate, if applied.

¶ 8. Aggrieved by the chancellor's findings, the Appellant/Jerry Wallace assigns two errors, as follows:

I. WHETHER THE CHANCELLOR WAS MANIFESTLY IN ERROR IN FAILING TO FOLLOW THE CHILD SUPPORT GUIDELINES AND IN FAILING TO MAKE REQUIRED FINDINGS OF FACT SO THAT THE RULING INCREASING CHILD SUPPORT SHOULD BE REVERSED.

II. WHETHER THERE WAS ADEQUATE PROOF IN THE RECORD TO SUPPORT AN INCREASE IN CHILD SUPPORT.

STANDARD OF REVIEW

¶ 9. "Under the standard of review utilized to review a chancery court's findings of fact, particularly in the areas of divorce, alimony and child support, this Court will not overturn the court on appeal unless its findings were manifestly wrong." Mizell v. Mizell, 708 So.2d 55 (Miss.1998), quoting Tilley v. Tilley, 610 So.2d 348, 351 (Miss.1992).

LEGAL ANALYSIS

I. WHETHER THE CHANCELLOR WAS MANIFESTLY IN ERROR IN FAILING TO FOLLOW THE CHILD SUPPORT GUIDELINES *847 AND IN FAILING TO MAKE REQUIRED FINDINGS OF FACT SO THAT THE RULING INCREASING CHILD SUPPORT SHOULD BE REVERSED.

¶ 10. Child support award guidelines are set out in Miss.Code Ann. § 43-19-101, which provides:

(1) The following child support award guidelines shall be a rebuttable presumption in all judicial or administrative proceedings regarding the awarding or modifying of child support awards in this state:
                             Percentage Of Adjusted
                               Gross Income That
Number Of Children             Should Be Awarded
Due Support                       For Support
     1                                14%
     2                                20%
     3                                22%
     4                                24%
     5 or more                        26%
(2) The guidelines provided for in subsection (1) of this section apply unless the judicial or administrative body awarding or modifying the child support award makes a written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case as determined under the criteria specified in Section 43-19-103.
. . . .
(4) In cases in which the adjusted gross income as defined in this section is more than Fifty Thousand Dollars ($50,000.00) or less than Five Thousand Dollars ($5,000.00), the court shall make a written finding in the record as to whether or not the application of the guidelines established in this section is reasonable.

Miss.Code Ann. § 43-19-101

¶ 11. Section 43-19-101(2) provides that, where the amount specified in the guidelines is increased or decreased, the chancellor should make a written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate.

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Cite This Page — Counsel Stack

Bluebook (online)
745 So. 2d 844, 1999 WL 628149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-bond-miss-1999.