281 So.3d 283
Miss. Ct. App.2019Background
- Henry and Elizabeth Gunter divorced; they have three minor children. Elizabeth has primary physical custody; Henry has visitation and joint legal custody.
- Elizabeth sought child support and other child-related expenses; parties submitted child support, private-school tuition, daycare, extracurricular, and uninsured medical expenses to the chancery court.
- Chancery court ordered Henry to pay 22% of his adjusted gross income ($918/month) for three children, plus split equally: private-school tuition, daycare, extracurricular expenses, and uninsured medical bills.
- Based on Henry’s affidavit (adj. gross income $4,173.84/mo), the combined payments would total $1,803.42/mo (≈43.2% of income).
- Henry appealed, arguing the court improperly added these separate expense obligations on top of the guideline support amount.
- Court of Appeals affirmed daycare and uninsured medical awards, but reversed and remanded the private-school tuition award for lack of written findings supporting deviation from the guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court may award full guideline child support plus separately allocate private-school tuition | Henry: Awarding guideline amount plus half of private tuition is legally excessive and effectively a deviation without findings | Elizabeth: Tuition is a necessary additional expense to be split; children have long attended private school | Reversed and remanded as chancery court failed to make written/specific findings justifying deviation for private-school tuition |
| Whether daycare costs can be ordered in addition to guideline support | Henry: Daycare should be covered by guideline amount, not added separately | Elizabeth: Half of daycare is fair so mother can work; justifies deviation | Affirmed; court’s finding daycare necessary for employment justifies deviation |
| Whether uninsured medical expenses can be ordered in addition to guideline support | Henry: Such costs should not be added beyond guideline amount | Elizabeth: Uninsured medical expenses are commonly allocated separately | Affirmed; uninsured medical costs may be allocated separately from guidelines |
| Whether chancery abused discretion by exceeding presumptive guideline percentage | Henry: Combined result (≈43.2%) is manifestly excessive | Elizabeth: Guidelines are rebuttable; court may deviate with proper findings | Partially affirmed; deviation permitted for some expenses but must be supported by written findings for private-school tuition |
Key Cases Cited
- Mabus v. Mabus, 890 So. 2d 806 (Miss. 2003) (standard of review for chancery court child-support decisions)
- Mosher v. Mosher, 192 So. 3d 1118 (Miss. Ct. App. 2016) (no abuse when award equals presumptive guideline amount)
- Clausel v. Clausel, 714 So. 2d 265 (Miss. 1998) (guidelines do not control per se; court may deviate)
- Dunn v. Dunn, 695 So. 2d 1152 (Miss. 1997) (required written finding when deviating from guidelines)
- McEachern v. McEachern, 605 So. 2d 809 (Miss. 1992) (chancellor’s familiarity with circumstances supports discretionary decisions)
- Southerland v. Southerland, 816 So. 2d 1004 (Miss. 2002) (private-school tuition treated as part of child support, not added separately)
- Moses v. Moses, 879 So. 2d 1043 (Miss. Ct. App. 2004) (ordering tuition over and above guideline requires written/specific finding)
- Davis v. Davis, 983 So. 2d 358 (Miss. Ct. App. 2008) (private school tuition normally must be considered part of child support)
- In re C.T., 228 So. 3d 311 (Miss. Ct. App. 2017) (custodial parent’s authority to decide child’s school can be upheld)
- Marin v. Stewart, 122 So. 3d 153 (Miss. Ct. App. 2013) (daycare costs necessary for custodial parent’s employment justify deviation)
- Kilgore v. Fuller, 741 So. 2d 351 (Miss. Ct. App. 1999) (health expenses are not included in statutory guidelines)