270 So. 3d 1031
Miss. Ct. App.2018Background
- Burgess and Williamson are unmarried parents of a daughter born in 1999; daughter lived with Williamson for many years and later in Germany.
- In Jan. 2015 Williamson (claiming Jones County residency) filed for custody and support in Jones County Chancery Court; after trial the court awarded Williamson physical custody, joint legal custody, visitation to Burgess, and ordered Burgess to pay $827/month in child support under the guideline (14% of AGI). Neither party appealed the 2015 judgment.
- In Nov. 2016 Williamson filed a contempt petition alleging Burgess had reduced/failed to pay support; Burgess (then in Germany) answered and counterclaimed to modify support, but waived service issues in an agreed scheduling order.
- On May 3, 2017 Burgess filed a one‑page motion to dismiss for lack of jurisdiction; she did not appear at the May 4 hearing (her counsel did). The chancery court denied dismissal, found Burgess in contempt for unpaid support, entered judgment for arrears and attorney’s fees, and issued wage withholding.
- Burgess appealed, raising jurisdiction, custody, and child‑support arguments; the appellate brief developed only jurisdiction and child‑support claims. The Court of Appeals affirmed and awarded Williamson appellate attorney’s fees.
Issues
| Issue | Plaintiff's Argument (Burgess) | Defendant's Argument (Williamson) | Held |
|---|---|---|---|
| Jurisdiction (personal & subject‑matter) | Court lacked jurisdiction because Burgess and child never resided in Mississippi and Germany had assumed jurisdiction | Chancery court retained jurisdiction under UCCJEA for original action; Burgess waived personal‑jurisdiction objections by appearing, counterclaiming, and waiving service; contempt enforces prior Mississippi order | Court: Jurisdiction issue waived and/or barred by res judicata; chancery had subject‑matter power to enforce its child‑support order; appeal fails |
| Custody (challenge to 2015 award) | 2015 custody award was improper | Custody was decided in 2015; no appeal then; daughter is now adult | Court: Custody claim procedurally barred, beyond scope of contempt appeal, and moot (child turned 18) |
| Child support (setting / deviation) | Original support order improperly deviated without written findings; sought modification in 2017 | Support complied with statutory guideline (14% of adjusted gross income); Burgess presented no evidence at contempt hearing to support modification | Court: No deviation occurred; issue should have been raised on direct appeal; procedurally barred and without merit |
| Attorney's fees on appeal | N/A (Burgess opposed) | Requests appellate fees; trial court awarded fees for contempt | Court: Affirms trial award and grants additional appellate attorney’s fees of $2,343.50 to Williamson |
Key Cases Cited
- Mabus v. Mabus, 890 So. 2d 806 (Miss. 2003) (standard of review for chancery court decisions)
- Stroh v. Stroh, 221 So. 3d 399 (Miss. Ct. App. 2017) (de novo review for legal issues)
- Hill v. State, 215 So. 3d 518 (Miss. Ct. App. 2017) (briefing requirements and waiver)
- Ridgeway v. Hooker, 240 So. 3d 1202 (Miss. 2018) (personal‑jurisdiction is waivable)
- Phillips v. Kelley, 72 So. 3d 1079 (Miss. 2011) (res judicata bars collateral attack on jurisdiction after final judgment)
- Travelers Indem. Co. v. Bailey, 557 U.S. 137 (U.S. 2009) (limitations on collateral jurisdictional attacks following participation in litigation)
- Dep’t of Human Servs. v. Shelnut, 772 So. 2d 1041 (Miss. 2000) (res judicata and judgments presumed valid)
- McEwen v. McEwen, 631 So. 2d 821 (Miss. 1994) (standard for modifying child support)
- Chasez v. Chasez, 957 So. 2d 1031 (Miss. Ct. App. 2007) (issues that should have been raised on direct appeal cannot be relitigated in contempt)
- Heisinger v. Riley, 243 So. 3d 248 (Miss. Ct. App. 2018) (appellate attorney’s fees practice)
- Riley v. Riley, 196 So. 3d 1159 (Miss. Ct. App. 2016) (awarding appellate fees as half of trial award)