187 So. 3d 159
Miss. Ct. App.2015Background
- Donna Price and Timothy Snowden are parents of Landen, born 1994; Landen is 19 at the time of hearing; they were never married.
- A 2004 Agreed Order on Paternity, Custody, Support and Visitation set 14% of Tim's gross income as child support, adjusted annually, and shared college expenses with specific terms.
- A 2009 modification preserved the child-support calculation and terms.
- In 2013 Tim petitioned to modify support; he ceased paying in 2013; Donna sought contempt for unpaid support and college expenses.
- Discovery revealed Tim's housing allowance (BAH) and subsistence (BAS) were non-taxable and not included in prior calculations; Tim agreed to include sea pay but not housing; a 2013 hearing led to a 2014 order calculating 14% of all income including sea pay but excluding housing, and ordering arrearages and partial tuition payment.
- The Mississippi Court of Appeals reversed the chancery court, remanding for proper calculation of arrearage and potential contempt findings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BAH/BAS should be included in gross income for child support | Donna contends BAH/BAS are earned income under §43-19-101(3)(a). | Snowden and his counsel argued only taxable income should be used based on prior advice. | BAH/BAS are earned income; include; remand to recalculate arrearage from 2004. |
| Whether Snowden was properly found not in contempt; and related attorney’s fees on remand | Donna argues contempt and fees are warranted for failure to follow the order. | Tim contends lack of willful contempt or ambiguous terms; acted on counsel's advice. | Chancellor erred in not holding contempt for failure to pay; remand for contempt determination and possible attorney’s-fee award. |
Key Cases Cited
- Milam v. Milam, 509 So. 2d 864 (Miss. 1987) (contempt assessment based on case facts; standard of review)
- Cumberland v. Cumberland, 564 So. 2d 839 (Miss. 1990) (child-support priority over unilateralDebt; vesting of support rights)
- Tanner v. Roland, 598 So. 2d 783 (Miss. 1992) (child-support rights cannot be contracted away)
- Bustin v. Bustin, 806 So. 2d 1136 (Miss. Ct. App. 2001) (housing allowance as form of earned income under §43-19-101(3)(a))
- Cossitt v. Cossitt, 975 So. 2d 274 (Miss. 2008) (contempt standard; willful disregard shown by facts)
- Rolison v. Rolison, 105 So. 3d 1136 (Miss. Ct. App. 2012) (standard of review in domestic-relations matters)