75 So. 3d 1132
Miss. Ct. App.2011Background
- Divorce between T.C. and Sheila Broome filed in 1993; lengthy property and alimony disputes over ~18 years.
- June 1995 judgment awarded various assets to Sheila, set alimony at $3,000/month pending judgments.
- May 1997 Mississippi Supreme Court remanded for proper alimony valuation using experts and awarded interest; credited $165,400 payment to Sheila.
- June 2000 to 2002: arrearages, garnishments, contempt, and a March 2002 payment of $319,339.06; alimony modification proceedings ensued.
- October 12, 2009, chancellor reduced alimony to $1,500/month from March 2002 for 92 months, with arrearage calculations and a remand for February 2001 arrearage issue.
- Court affirms most rulings but remands on the February 2001 arrearage calculation for correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether alimony should be terminated or further reduced. | Broome argues total termination due to incapacity. | Broome contends modification appropriate given health/finances, but not termination. | Alimony reduced, not terminated. |
| Whether interest credit on T.C.'s $165,140 payment was proper. | T.C. seeks interest credit per 1997 remand mandate. | Credit offset interest accrual; agreed order eliminated interest. | Interest credit offset; no separate interest due beyond agreed terms. |
| Whether March 2002 payment satisfied all arrearages and how February 2001 arrearage was calculated. | T.C. claims $319,339.06 fully satisfied arrearages; February 2001 balance miscalculated. | Chancellor properly calculated arrearages with partial credits; no error except one double-counting item. | Remand for correction of February 2001 arrearage calculation; otherwise affirmed. |
| Credit for garnishments in 1996 and post-emancipation child support payments. | Requests credit for $13,050 (1996 garnishments) and $40,000 (child support post-emancipation). | Costs/garnishments directed to attorneys; child support post-emancipation not fully creditable. | Garnishments not credited to alimony; child-support post-emancipation not creditable in full; issue resolved on merits. |
Key Cases Cited
- Holcombe v. Holcombe, 813 So.2d 700 (Miss.2002) (alimony modification factors and change in circumstances)
- Armstrong v. Armstrong, 618 So.2d 1278 (Miss.1993) (Armstrong factors for alimony awards)
- Gregg v. Montgomery, 587 So.2d 928 (Miss.1991) (periodic alimony becomes fixed when due and unpaid; interest rules on arrearages)
- Rubisoff v. Rubisoff, 242 Miss. 225, 235, 133 So.2d 534 (Miss.1961) (interest on alimony arrearage from due date; general rule on post-judgment interest)