271 So. 3d 528
Miss. Ct. App.2018Background
- Allison obtained a divorce from Chuck in May 2013; the decree awarded Allison primary physical custody, required Chuck to pay child support, maintain health insurance for the children, and pay a share of private-school tuition and related expenses.
- The chancellor initially ordered Chuck to pay 20% of $50,000 as child support and 60% of private-school tuition/fees; later orders and modifications increased child support to 20% of Chuck’s full adjusted gross income and reduced the tuition share to 50%.
- Chuck sought modification (lower support, credit for health-insurance premiums, ability to claim a dependency exemption) and brought contempt claims against Allison; Allison counterclaimed for increased support and contempt against Chuck for violating a morality clause prohibiting overnight guests of the opposite sex in the children’s presence.
- The chancellor: increased Chuck’s child support to $1,026/month, denied most of Chuck’s modification requests, found Chuck in contempt for violating the morality clause, and found Allison in contempt claims against Chuck; awarded Allison $2,750 in attorney’s fees related to contempt proceedings.
- On appeal, the court affirmed all rulings except it reversed the contempt finding against Chuck (holding Katie was not an “overnight guest”), vacated the contempt-related fee award to Allison, and declined to award Allison appellate attorney’s fees.
Issues
| Issue | Bruton (Plaintiff/Appellant) Argument | Allison (Defendant/Appellee) Argument | Held |
|---|---|---|---|
| Whether child-support order (20% + share of private school) exceeded statutory guidelines | Deviation upward: paying tuition in addition to 20% is improper and excessive | Deviation justified by statutory criteria and children’s best interests; chancellor made written findings | Affirmed — chancellor’s findings supported upward deviation and tuition allocation (later reduced to 50%) |
| Credit for health-insurance premiums against child support | Chuck sought credit or reduction for premiums he pays | Allison relied on court’s discretion and prior orders requiring maintenance of insurance; chancellor allowed insurance deduction when computing AGI | Affirmed — no abuse of discretion; no credit required and deduction already considered in income calculation |
| Right to claim one child as dependent for taxes | Chuck asked to claim a child to reduce tax burden | Allison had primary custody and right to both exemptions; no material change shown to reassign exemption | Affirmed — no material/adverse change to justify transferring exemption |
| Contempt: whether Chuck violated morality clause by living with Katie (opposite-sex overnight guest) | Chuck argued Katie was not a “guest” (cohabitation/house co-ownership, later marriage) and thus not covered by clause | Allison argued Chuck willfully violated clause; contended adverse impact on children | Reversed as to Chuck — court held Katie was not an "overnight guest," so contempt finding manifestly erroneous; vacated related fee award to Allison |
Key Cases Cited
- Southerland v. Southerland, 816 So.2d 1004 (Miss. 2002) (private-school tuition may be part of child support and must be reasonable given parents’ means)
- Adams v. Adams, 467 So.2d 211 (Miss. 1985) (factors to consider when modifying child support)
- McEachern v. McEachern, 605 So.2d 809 (Miss. 1992) (chancellor should consider all circumstances relevant to children’s needs and parents’ capacities)
- Nichols v. Tedder, 547 So.2d 766 (Miss. 1989) (chancellor may award tax exemptions to noncustodial parent in appropriate cases)
- Hopson v. Hopson, 851 So.2d 397 (Miss. Ct. App. 2003) (material change in circumstances required to modify child-support provisions)
- Hanshaw v. Hanshaw, 55 So.3d 143 (Miss. 2011) (standard of review for civil contempt: manifest error; chancellor has wide discretion)
- Tedford v. Dempsey, 437 So.2d 410 (Miss. 1983) (best interests of the children are the touchstone in child-support modifications)