Wesson v. Wesson

818 So. 2d 1272, 2002 WL 1277932
CourtCourt of Appeals of Mississippi
DecidedJune 11, 2002
Docket2000-CA-01985-COA
StatusPublished
Cited by9 cases

This text of 818 So. 2d 1272 (Wesson v. Wesson) 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
Wesson v. Wesson, 818 So. 2d 1272, 2002 WL 1277932 (Mich. Ct. App. 2002).

Opinion

818 So.2d 1272 (2002)

David Neal WESSON, Appellant,
v.
Sandra Murphy WESSON, Appellee.

No. 2000-CA-01985-COA.

Court of Appeals of Mississippi.

June 11, 2002.

*1275 Kenneth Allen Weeden, Tupelo, attorney for appellant.

C. Michael Malski, Tupelo, attorney for appellee.

Before McMILLIN, C.J., LEE, and BRANTLEY, JJ.

PROCEDURAL HISTORY AND FACTS

LEE, J., for the court.

¶ 1. David and Sandra Wesson were married in 1977 and two children were born to their union, Chi in 1979 and Alex in 1983. The Wessons separated in 1998, and an order for separate maintenance was entered at that time. Pursuant to the order of separate maintenance, Sandra was granted temporary custody of the two boys, David was ordered to pay $676 per month in child support for both boys, David was to maintain health insurance coverage for Sandra and the children, paying eighty percent of medical expenses not covered by insurance, and Sandra was granted use of the marital home with David paying the house note.

¶ 2. The final judgment of divorce was issued October 26, 2000. With this order, the Prentiss County chancellor found that David was disabled and was earning approximated $1,257 per month in workers' compensation benefits, and Sandra earned approximated $620 per month as a teacher's assistant. Of the Wessons's two children, Chi had turned twenty-one by the time of the judgment and was, thus, found to have been emancipated. Custody of Alex, the younger child, was awarded to Sandra with David being ordered to pay $175 per month in child support, which was the statutory fourteen percent of his gross income. The chancellor noted that a modification in the support order could be made later should David become able to return to his usual employment at United Parcel Service (UPS). David was further ordered to maintain health insurance on Alex with the parties dividing medical expenses not covered by that insurance. The chancellor found that Sandra was entitled to one-half of David's pension plan. Sandra was granted exclusive use and possession of the marital home and its contents, and David was ordered to pay the *1276 house note and insurance payments for the house with the house payment serving as alimony to Sandra. Also, the house had fallen into foreclosure, and the chancellor ordered that David take steps to bring the house out of foreclosure. In the final judgment of divorce, the chancellor found David to be in contempt for failing to abide by the terms of the temporary decree. The chancellor found him to be $8,680.10 in arrears for child support and home utilities payments required under the temporary decree.

¶ 3. David now argues to this Court that the chancellor erred in the following respects: in her equitable division of personal property and award of one-half of David's pension plan to Sandra; in awarding alimony to Sandra in the form of David's required payment of the house note and home insurance; in finding that Sandra was entitled to a share of any future workers' compensation settlement David might receive; and the chancellor's finding David in contempt for not abiding by the terms of the temporary decree and for failing to credit David for child support payments made subsequent to Chi's having become emancipated.

¶ 4. We review each of David's issues but find no merit. Thus, we affirm the chancellor on all issues raised with this appeal.

DISCUSSION OF THE ISSUES

I. DID THE CHANCELLOR ERR IN HER EQUITABLE DISTRIBUTION OF THE WESSONS'S MARITAL PROPERTY?

¶ 5. David argues that the chancellor erred in dividing the marital property, specifically in awarding David only the personal property in his possession at the time of trial and in finding that Sandra was entitled to one-half of David's retirement plan. "The court's standard of review in domestic relations matters is limited. We will not disturb the findings of a Chancellor unless the Chancellor was manifestly wrong, clearly erroneous, or an erroneous legal standard was applied." Traxler v. Traxler, 730 So.2d 1098 (¶ 13) (Miss.1998).

¶ 6. We first review David's claim concerning the personal property. David includes in his brief a list of personal property he asked for at the trial, but which the chancellor failed to award him. David claims that the chancellor failed to take into consideration that he worked extremely hard throughout the marriage to provide for his family, that he provided many domestic services for the family, and that his emotional contributions to the family equaled or exceeded those of Sandra. Sandra counters that the chancellor was able to review all of the evidence presented by the parties concerning the contributions to the marriage, the running of the household, and the rearing of the children. Although David argues to the contrary, we can find no evidence of abuse of discretion in the chancellor's decision to award David his personal effects and his expensive videotaping system with which he earned extra income by taping special events, while allowing Sandra to retain use of the marital home and its contents in order to raise the couple's remaining minor child. The evidence presented showed that without David's financial assistance, Sandra was not able to even provide basic necessities for her household, including food and utilities, much less purchase her own new furnishings for the home should David take the present ones.

¶ 7. Mississippi is not a community property state; thus, the chancellor is not required to divide marital property equally. Redd. v. Redd, 774 So.2d 492 (¶ 7) (Miss.Ct.App.2000). David attempts to show that the greater balance of marital assets was awarded to Sandra; however, *1277 he has not proven that the chancellor abused her discretion in the division of personal property; thus, we are without authority to reverse.

¶ 8. David also argues that the chancellor erred in awarding one-half of his retirement and pension funds to Sandra while failing to consider the $3,000 Sandra had accumulated in her own retirement fund. The supreme court has held that retirement or pension funds accumulated during the marriage are marital property properly subject to equitable distribution. Tillman v. Tillman, 716 So.2d 1090(¶ 18) (Miss.1998). Although numerically Sandra's amount of retirement, which includes one-half of David's plan, is greater than the amount which David is left, "[i]t must be remembered, the goal of the chancellor in a divorce case is to do equity." Tillman, 716 So.2d at (¶ 19). Looking to the overall facts and financial circumstances of the parties after the divorce, we can find no evidence of manifest error in the chancellor's decision to award Sandra one-half of David's total pension. There is no merit to this argument.

II. DID THE CHANCELLOR ERR IN ORDERING DAVID TO PAY THE HOUSE PAYMENTS AS A SUBSTITUTE FOR ALIMONY TO SANDRA?

¶ 9. The chancellor ordered David to pay the monthly mortgage payments on the home and to pay home insurance payments as well, while giving Sandra use of the home until she remarries or until the younger child reaches twenty-one, whichever occurs first. David objects, saying if he abides by these orders he will become financially destitute. He also argues that alimony was not proper in any form in this situation, since alimony should only be considered "[i]f the situation is such that an equitable division of marital property, considered with each party's nonmarital assets, leaves a deficit for one party...." Henderson v. Henderson, 703 So.2d 262 (¶ 15) (Miss.1997).

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Bluebook (online)
818 So. 2d 1272, 2002 WL 1277932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wesson-v-wesson-missctapp-2002.