Garcia v. Garcia
97 So. 3d 109
| Miss. Ct. App. | 2012Background
- 2007 chancery court granted Holly Garcia (Quinones) and Christopher Garcia a divorce, awarded Holly custody, and ordered $1,000 monthly child support.
- Holly remarried Lt. Quinones and moved to Pennsylvania with the children.
- Holly petitioned (Nov. 12, 2009) to increase Christopher’s child support; chancery court denied.
- Christopher’s December 2010 financial statement listed monthly AGI of $7,002.86; he had not filed 2010 tax return and anticipated higher income due to Afghanistan deployment.
- Chancery court determined a 2010 guideline support of $1,400 monthly but declined to increase due to travel burden and Christopher’s primary financial responsibility for travel during visitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| New spouse income considered in child support | Holly argues Lt. Quinones’s income was used to deny increase. | Court did not rely on Quinones’s income in its decision. | Issue without merit; court did not rely on Quinones’s income. |
| Tax withholdings manipulation evidence | Holly asserts Christopher manipulated withholdings to lower AGI. | No evidence of manipulation; positions cannot worsen to reduce support. | Issue without merit; no evidence of manipulation. |
| Modification of child support | Increase justified by higher needs and income. | Material change, but court declined due to travel burden and related factors. | Court’s denial supported by substantial evidence; no error. |
Key Cases Cited
- Shepherd v. Shepherd, 769 So.2d 242 (Miss. Ct. App. 2000) (new spouse income not used in calculating child support)
- Stroud v. Stroud, 758 So.2d 502 (Miss. Ct. App. 2000) (financial status not worsened to lessen support)
- Parker v. Parker, 645 So.2d 1327 (Miss. 1994) (cannot reduce support by manipulating finances)
- Chesney v. Chesney, 910 So.2d 1057 (Miss. 2005) (on-the-record deviation from guidelines allowed)
- McEachern v. McEachern, 605 So.2d 809 (Miss. 1992) (guidelines deviation for unfair circumstances)
- Edmonds v. Edmonds, 935 So.2d 980 (Miss. 2006) (substantial change in circumstances standard)
- Caldwell v. Caldwell, 579 So.2d 543 (Miss. 1991) (standard for modification based on changed circumstances)