Wilkerson v. Wilkerson

955 So. 2d 903, 2007 WL 49095
CourtCourt of Appeals of Mississippi
DecidedJanuary 9, 2007
Docket2005-CA-01382-COA
StatusPublished
Cited by1 cases

This text of 955 So. 2d 903 (Wilkerson v. Wilkerson) 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
Wilkerson v. Wilkerson, 955 So. 2d 903, 2007 WL 49095 (Mich. Ct. App. 2007).

Opinion

955 So.2d 903 (2007)

Dennis Neal WILKERSON, Appellant/Cross Appellee
v.
Kathy Ray Youngblood WILKERSON, Appellee/Cross Appellant.

No. 2005-CA-01382-COA.

Court of Appeals of Mississippi.

January 9, 2007.
Rehearing Denied May 8, 2007.

*905 John C. Jopling, J. Randolph Lipscomb, Columbus, attorneys for appellant.

John W. Crowell, Columbus, Kristen E. Wood, attorneys for appellee.

EN BANC.

GRIFFIS, J., for the Court.

¶ 1. Dennis Neal Wilkerson ("Dennis") filed a petition for clarification of his child support obligations. Kathy Ray Youngblood Wilkerson ("Kathy") responded and filed a counter-petition for clarification of the property distribution. The chancellor entered a judgment that considered both petitions and clarified the earlier judgment. On appeal, Dennis argues that the chancellor: (1) exceeded his jurisdictional authority, (2) contravened well-established principles of equity, (3) did not follow the law of equitable distribution, and (4) entered a judgment that "exceeds the findings of the lower court." On cross-appeal, Kathy argues that the chancellor erred when he found that the children's expenses incurred for counseling and dental braces were not necessary medical expenses. We affirm on direct appeal and affirm in part and reverse and render in part on cross appeal.

*906 FACTS

¶ 2. On August 25, 1995, Kathy was granted a divorce from Dennis. According to the judgment, Kathy was awarded physical custody of Neal and Seth. Dennis was ordered to pay child support and was awarded visitation. The chancellor found that the marital home and Dennis's business, Wilkerson, Inc., were marital property. The chancellor awarded Kathy the marital home, and ordered Dennis to pay a share of the mortgage. In exchange, the chancellor awarded Dennis the business, free and clear of Kathy's interest.

¶ 3. On June 21, 2004, the chancellor found Dennis in contempt for failing to provide medical insurance for Neal and Seth. The chancellor increased Dennis's child support payments and ordered Dennis to pay for all his sons' medical expenses that were not covered by health insurance. The chancellor denied Dennis's request for a change of custody.

¶ 4. A few months later, Dennis filed a motion to clarify whether he was obligated to pay for his sons' counseling and Neal's dental braces. Kathy filed a counterclaim to determine whether Dennis had fulfilled his obligations to pay a portion of the mortgage payments on the former marital home. Dennis insisted that his financial obligation on the house would cease in March of 2005, when his monthly payments of $304.47 would total $35,000.

¶ 5. On June 14, 2005, the chancellor found that the children's counseling expenses and Neal's braces were not medically necessary; therefore, Dennis did not have to pay for them. The chancellor found that Dennis's mortgage obligation was $300, not $304.47, per month. The chancellor further ruled that Dennis's obligation to pay $300 a month would cease in August of 2018, when his total payments equaled $82,800. Since he only paid $290.42 in March 2005, he was held in arrears $9.58. The chancellor further ruled that this arrearage would be offset by the $4.95[1] overpayments Dennis had made between the date of divorce and February of 2005.

STANDARD OF REVIEW

¶ 6. A chancellor's findings of fact will not be disturbed unless manifestly wrong or clearly erroneous. Sanderson v. Sanderson, 824 So.2d 623, 625(¶ 8) (Miss.2002). This Court will not disturb the findings of a chancellor when supported by substantial credible evidence unless the chancellor abused his or her discretion, was manifestly wrong, clearly erroneous, or an erroneous legal standard was applied. Id. at 625-26(¶ 8). Legal questions are reviewed de novo. Russell v. Performance Toyota, Inc., 826 So.2d 719, 721(¶ 5) (Miss.2002).

ANALYSIS

I. Did the chancellor misinterpret his prior order on property division?

¶ 7. Although Dennis styles his appeal as four different issues, his argument under each issue is that the chancellor misinterpreted the 1995 judgment regarding Dennis's mortgage payments and, in the alternative, that the property division was against the law. Specifically, Dennis argues that the original judgment ordered him to pay a total of $35,000, over time, without interest. Kathy countered that the chancellor properly interpreted his prior decree—that Dennis was responsible for $35,000 in principal, plus interest.

*907 ¶ 8. The 1995 opinion of the chancellor determined that the marital home was worth $95,000, and it carried an $81,000 mortgage. The chancellor further found the monthly mortgage payment to be $600. As for Wilkerson, Inc., based on the varied evidence of value that Dennis presented, the chancellor found the value ranged between $50,000 and $85,362. The opinion provided:

The Court finds that it may best accomplish equity under these circumstances by awarding the mother the title to the marital home . . . and requiring the father to make one half of the $600 per month mortgage payment, until a date certain, known as Jubilee, and calculated based upon the following formula, to-wit: Using the total number of remaining mortgage payments from September 1, 1995 until maturity of the mortgage, as the baseline, which equals 100%; the Defendant[']s obligation to pay one half of the monthly mortgage payment shall terminate when the remaining number of monthly payments due and payable equals 14% of the baseline. If the mortgage is paid in advance of Jubilee, the father will be indebted to the mother for the remaining payments as they would have otherwise accrued. This results in the father paying a portion of his one half of his existing debt under the mortgage and increasing the equity value of the mother's ownership of the home in an amount fairly representative of her equity in the tobacco business. Upon the father's payment of his required portion of the mortgage, the mother will have received from the father, value in the sum of $42,000.00 based upon current values ($7,000.00 equity and $35,000.00 principal on the mortgage). The father will be allowed to pay this value to the mother during the life of the mortgage at $300.00 per month from his earnings at Wilkerson, Inc., and the father will receive Wilkerson, Inc. free and clear of any interest of the mother. The full current value of Wilkerson, Inc. is released to the father free of any claim of the mother, and this represents a value to the father of up to one half the value of the stock. Depending upon which of the father's valuations of the stock is used, the value to him of this release would vary from $30,000.00 to $42,000.00.

(emphasis added). This opinion was based on the evidence presented at the original divorce trial that the monthly mortgage payments were only $600 a month. The chancellor assumed the mortgage was a regular thirty-year, amortized loan.

¶ 9. Kathy's petition to clarify asked the chancellor to clarify the date of "Jubilee,"[2] and therefore whether Dennis had satisfied his mortgage obligations. At the hearing, additional evidence on the mortgage was offered. In the June 14, 2005 judgment, the chancellor explained Dennis's mortgage obligations:

In its judgment of divorce entered in August 1995, [Dennis] was ordered to pay [Kathy] $300.00 per month beginning in September 1995 until the Jubilee payment. The calculation of Jubilee was meant to be a date certain based upon a formula created by the Court.

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Related

Daniels v. Bains
967 So. 2d 77 (Court of Appeals of Mississippi, 2007)

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Bluebook (online)
955 So. 2d 903, 2007 WL 49095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkerson-v-wilkerson-missctapp-2007.