Dogan v. Dogan
2012 Miss. App. LEXIS 625
Miss. Ct. App.2012Background
- Barbara filed for divorce on Sept. 4, 2009, citing irreconcilable differences; amended Feb. 11, 2010 adding habitual cruel and inhuman treatment and constructive desertion; final judgment of divorce entered Apr. 14, 2011 on the ground of habitual cruelty; court awarded equitable distribution and alimony; Barbara challenged the judgment on appeal.
- Barbara and David married May 23, 1981; three children; separation occurred July 2009; proceedings followed with multiple filings and counterclaims.
- Temporary relief order (July 29, 2010) granted joint custody of two children (Mary Cameron and Ann Hamilton), child support ($200 per child), health insurance, and alimony ($5,000 monthly) to Barbara; Barbara awarded use of East Manor, mediation ordered.
- Mediation produced stipulations: value of Dogan & Wilkinson PLLC ($72,500); Barbara’s ADR interest ($3,682); joint physical custody of Ann Hamilton; equal split of marital assets; hearings continued on remaining issues.
- Final opinion (Apr. 12, 2011) allocated custody of Ann Hamilton, set child support for Ann Hamilton at $400 monthly, funded college expenses from education funds, and valued and divided marital and separate estates; Barbara received a substantially larger share of assets but both parties retained significant holdings; Barbara received rehabilitative and permanent alimony; Barbara appealed the determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Gross income for support and alimony | Dogan claimed income should be higher (≈$25,809/mo) than found | Court properly used mixed evidence, concluding $19,000/mo | affirmed denial of higher income; $19,000/mo adopted |
| Classification and distribution of marital assets | Barbara asserts misclassification of Grayhawk home and East Manor debt; seeks larger marital share | Chancellor’s classification and 50/50 split supported by evidence | affirmed; no reversible error in classification or division |
| Valuation of Living Trust | Trust valued too low at $250k–$300k; larger reachable value argued | Valuation supported by conflicting evidence; chancellor’s conservative value upheld | affirmed valuation; no reversible error |
| Alimony awards (permanent and rehabilitative) | Challenge to amount and factors under Armstrong; seeks different amounts | Chancellor properly applied Armstrong factors; supported awards | affirmed both rehabilitative and permanent periodic alimony awards |
| Child support deviation | Deviating from 14% guideline was improper given income | Deviation warranted by assets, shared parenting, and Ann Hamilton's self-sufficiency | affirmed deviation; not exceeding statutory authority |
Key Cases Cited
- Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994) (factors guiding equitable distribution in Mississippi)
- In re Dissolution of Marriage of Wood, 35 So.3d 507 (Miss. 2010) (standard of review for domestic-relations findings; manifest error)
- Lowrey v. Lowrey, 25 So.3d 274 (Miss. 2009) (substantial credible evidence standard for asset distribution)
- Duncan v. Duncan, 774 So.2d 418 (Miss. 2000) (deference to chancellor on factual weighing)
- Clausel v. Clausel, 714 So.2d 265 (Miss. 1998) (fact-finding and weight of evidence in custody/support)
- Rhodes v. Rhodes, 52 So.3d 430 (Miss. Ct. App. 2011) (rehabilitative alimony purpose; earning capacity)
- Hults v. Hults, 11 So.3d 1273 (Miss. Ct. App. 2009) (rehabilitative alimony considerations)
- Holley v. Holley, 892 So.2d 183 (Miss. 2004) (tax consequences and other factors in alimony)
- Dunaway v. Dunaway, 749 So.2d 1112 (Miss. Ct. App. 1999) (valuation disputes in trusts/assets)