81 So. 3d 285
Miss. Ct. App.2012Background
- Bill and Alicia married in 1999 and have one child, Izabella, diagnosed with mild autism.
- They separated in 2008 and reached a property and custody agreement; Alicia received custody and several income-producing properties.
- Alicia received $25,000 from Bill as part of the property settlement; the payment was to be made in installments over three years.
- Trial in March 2010 addressed alimony, child support, life-insurance apportionment, and vehicle upkeep expenses; judgment entered May 17, 2010.
- Chancellor awarded Alicia $570 per month alimony and split a $350,000 life-insurance policy evenly ($175,000 each).
- Bill appealed the alimony amount, life-insurance apportionment, and a potential miscalculation of child support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Alimony: include $25,000 property-payment in Armstrong analysis | Coggins contends omission of $25,000 distorts estates for alimony. | Coggins argues lump-sum payment should not affect alimony calculation. | Remand for Armstrong analysis after including $25,000. |
| Life insurance: reallocate proceeds post-alimony remand | Coggins asserts current 50/50 split may be improper if alimony changes. | Alicia argues existing apportionment should stand pending remand. | Remand to reconsider beneficiaries after alimony reconsideration. |
| Child support: allowance of rental-property losses in AGI | Coggins contends rental losses should reduce AGI used for support. | Alicia argues deductions for rental losses are not a proper AGI deduction. | Court affirmed, no deduction for rental losses from AGI for child support. |
Key Cases Cited
- Armstrong v. Armstrong, 618 So.2d 1278 (Miss.1993) (Armstrong factors guide alimony analysis)
- Ferguson v. Ferguson, 639 So.2d 921 (Miss.1994) (property division and alimony interplay)
- Beazley v. Beazley, 917 So.2d 803 (Miss.Ct.App.2005) (life-insurance awards tied to alimony on remand)
- Johnson v. Pogue, 716 So.2d 1123 (Miss.Ct.App.1998) (reconsider life-insurance when linked to alimony)
- Nix v. Nix, 790 So.2d 198 (Miss.2001) (allowable business-expense deductions in AGI for child support)
- Johnson v. Johnson, 650 So.2d 1281 (Miss.1994) (equitable division and alimony considerations)