185 So. 3d 386
Miss. Ct. App.2015Background
- Motion for rehearing granted; original opinion withdrawn and substituted.
- Divorce proceeding between Matthew Burnham and Dana Burnham; issues include child support, equitable division of marital property, and alimony.
- Chancellor found Matthew could earn more than claimed and that property division was within discretion to avoid alimony.
- Court affirming despite an unequal distribution because it was intended to eliminate alimony.
- Matthew challenged the child-support calculation under statutory guidelines (20% of adjusted gross income for two children).
- Court held substantial evidence supports income imputation and affirmed the chancellor’s child-support award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly imputed income and deviated from guidelines | Matthew contends guidelines should apply to determine support | Court imputed additional income and deviated from guideline calculation | Imputation supported; deviation not reversible error; award affirmed |
| Whether the equitable division of marital property was proper under Ferguson factors | Matthew contends division was inequitable and favored Dana | Division considered Ferguson factors and served to minimize need for alimony | No abuse of discretion; unequal division within Ferguson guidance affirmed |
| Whether the supersedeas bond was valid and properly discharged | Bond should be valid to stay execution | Burnham cannot serve as surety; bond invalid | Bond invalid; supersedeas bond discharged and dismissal affirmed |
Key Cases Cited
- Bluewater Logistics, LLC v. Williford, 55 So.3d 148 (Miss.2011) (heightened scrutiny for adopted factual findings is not applicable; abuse-of-discretion standard retained)
- Ferguson v. Ferguson, 639 So.2d 921 (Miss.1994) (factors for equitable division of marital property)
- Faerber v. Faerber, 13 So.3d 853 (Miss.Ct.App.2009) (multiplicity of Ferguson factors in property division)
- Clark v. Clark, 754 So.2d 450 (Miss.1999) (on-the-record finding not reversible error when guidelines not followed precisely)
- Osborn v. Osborn, 724 So.2d 1121 (Miss.Ct.App.1998) (statutory deviation from guidelines requires on-record findings for deviation to presumptively apply)
- Miss. Comm’n on Envtl. Quality v. Bell Utils. of Miss., LLC, 135 So.3d 868 (Miss.2014) (reaffirms Bluewater standard on review of adopted findings)