Jason K. Taylor v. Jessica Timmons
228 So. 3d 311
| Miss. Ct. App. | 2017Background
- Unmarried parents Jason Taylor and Jessica Timmons share one child; 2013 agreed chancery order gave Timmons primary physical custody, joint legal custody, and required Taylor to pay $300/month child support plus various expenses.
- DHS filed to modify child support; Taylor sought primary physical custody and later filed contempt for denied visitation; Timmons (pro bono counsel) sought contempt for unpaid support.
- Chancellor held hearings in 2014–2015 and issued a final judgment (Oct. 2015) changing several terms: allocated school-choice authority to Timmons, increased child support, modified visitation, found Taylor in contempt (later purged), declined contempt for Timmons’ address change, and awarded $2,000 attorney’s fees to Timmons.
- Taylor appealed, raising five principal challenges: school-choice allocation, child-support increase, visitation modification, contempt findings (his contempt and alleged Timmons’ contempt), and the attorney-fee award.
- The Court of Appeals reviewed the chancellor’s factual findings for substantial evidence and legal conclusions de novo, and reached the merits despite Timmons not filing an appellee brief because the case affects a minor child.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allocation of school-choice under joint legal custody | Taylor: Joint legal custody requires shared decision-making on education; he should have veto/input authority on school choice | Chancellor/Timmons: Chancellor may apportion decision-making; custodial parent traditionally has discretion over child upbringing | Court: Affirmed—chancellor permissibly allocated school-choice discretion to custodial parent under statute and caselaw |
| Child-support modification (from $300 to $1,500) | Taylor: Chancellor deviated from guidelines without adequate written findings; deviation unjustified | Chancellor: Material change (higher income, child’s age, assets); guideline amount would be higher but unjust/inappropriate given circumstances and benefits Taylor pays | Court: Affirmed—sufficient findings to modify and justify deviation from guideline amount |
| Visitation schedule modification | Taylor: Modification was improper—neither party requested it and no evidence prior schedule failed | Chancellor/Timmons: Prior schedule was not working; Taylor sought contempt for lack of visitation and testified he could not visit; confusion in prior order | Court: Affirmed—substantial evidence supported modification and chancellor acted within broad discretion |
| Contempt findings (Taylor in contempt; Timmons not) | Taylor: He was not in arrears / payments were made; chancellor erred in finding contempt and failed to hold Timmons for not updating address | Timmons/Chancellor: DHS evidence showed untimely payments at time of contempt filing; Timmons’ brief move was inadvertent, short, and she was unaware of rule | Court: Affirmed—chancellor’s contempt finding supported by evidence; refusal to hold Timmons in contempt not an abuse of discretion |
| Attorney’s fees ($2,000 to Timmons) | Taylor: Award improper because counsel was pro bono; no itemized bill; McKee factors not applied | Chancellor: Fees awarded for enforcement (contempt), McKee factors not required in contempt context; statute allows court to rely on its experience to set reasonable amount | Court: Affirmed—fee award for enforcing judgment was appropriate and reasonably supported by the record |
Key Cases Cited
- Rogillio v. Rogillio, 101 So. 3d 150 (Miss. 2012) (failure of appellee to file brief sometimes treated as confession of error)
- Self v. Lewis, 64 So. 3d 578 (Miss. Ct. App. 2011) (court will address merits in child-welfare appeals even without appellee brief)
- Clements v. Young, 481 So. 2d 263 (Miss. 1985) (custodial parent has inherent discretion over child’s upbringing)
- Evans v. Evans, 75 So. 3d 1083 (Miss. Ct. App. 2011) (guideline presumptions and requirement for findings to deviate)
- Riley v. Riley, 196 So. 3d 1159 (Miss. Ct. App. 2016) (contempt awards and attorney-fee principles for enforcement)
- Carpenter v. Lyles, 120 So. 3d 1031 (Miss. Ct. App. 2013) (chancellor may allocate decision-making between joint legal custodians)
- McKee v. McKee, 418 So. 2d 764 (Miss. 1982) (factors for awarding attorney’s fees in domestic cases)