Leslie B. Shumake, Jr. v. Katarina Sitton Shumake
233 So. 3d 234
| Miss. | 2017Background
- Leslie and Katarina Shumake divorced in 2009; court ordered Leslie to pay permanent periodic alimony of $5,750/month and required him to cure an existing arrearage on the first mortgage.
- Leslie filed for bankruptcy and later a Chapter 13 plan; post-bankruptcy the chancery court adjusted his alimony temporarily and later ordered restoration to a higher amount and additional payments toward an arrearage of $58,550.
- Katarina filed a 2014 contempt citation claiming Leslie was in arrears on periodic alimony and the first mortgage; Leslie counterclaimed seeking modification and argued inability to pay and that bankruptcy discharged certain obligations.
- The chancery court found Leslie in wilful contempt, entered judgment for alimony arrearages ($65,300) and the unpaid first-mortgage arrearage ($10,468), awarded interest and attorney fees, denied modification, and imposed an equitable lien on Leslie’s law-practice gross income to secure future alimony.
- On appeal the Mississippi Supreme Court affirmed all substantive rulings except it reversed the attorney-fee award to the extent fees attributable to defending Leslie’s modification motion were not segregated and deducted; remanded to determine fees attributable solely to prosecuting the contempt.
Issues
| Issue | Plaintiff's Argument (Shumake) | Defendant's Argument (K. Shumake) | Held |
|---|---|---|---|
| Whether chancery court could impose an equitable lien on Leslie’s law-practice gross income | Court erred; lien was not specifically requested in contempt pleadings and Leslie lacked notice | General prayer and Rule 54(c) suffice; equitable lien is permissible to secure delinquent alimony | Affirmed — equitable lien permissible under general prayer and Smith; chancery not abusing discretion |
| Whether denial of Leslie’s motion to downwardly modify alimony was an abuse of discretion | Income reduced and circumstances changed materially post-divorce; modification warranted | Income fluctuations were foreseeable and not a substantial/unanticipated change; majority of Katarina’s income derives from alimony | Affirmed — no material change in circumstances; chancellor did not abuse discretion |
| Whether chancery erred in finding Leslie in wilful contempt | (No briefing presented on this claim) | Court relied on testimony and payment records to find wilful nonpayment | Not addressed by Court due to lack of briefing; claim waived |
| Whether awarding full attorney fees to Katarina was erroneous | Fees were improperly awarded in full because bill included work defending Leslie’s modification motion | Katarina entitled to fees for prosecuting contempt; general award appropriate | Reversed in part and remanded — chancellor must segregate and deduct fees attributable to defending the modification action; may award those fees later only upon finding inability to pay and disparity |
| Whether chancery erred by awarding unpaid first-mortgage arrearage to Katarina | Bankruptcy discharged debt to lender and divorce judgment obligated payment only to lender, not to Katarina | Domestic-support and court-ordered obligations are not discharged by bankruptcy; chancery intended Leslie to pay arrearage to benefit Katarina | Affirmed — chancery did not err; bankruptcy discharge did not relieve Leslie’s obligation to his former spouse under divorce decree |
Key Cases Cited
- Holleman v. Holleman, 527 So. 2d 90 (Miss. 1988) (pre-Smith rule limiting liens imposed without specific pleading)
- Smith v. Smith, 607 So. 2d 122 (Miss. 1992) (general prayer and Rule 54(c) permit relief supported by proof)
- Morgan v. Morgan, 397 So. 2d 894 (Miss. 1981) (chancellor may impose equitable lien to secure alimony)
- Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993) (factors to consider when modifying alimony)
- Rogillio v. Rogillio, 101 So. 3d 150 (Miss. 2012) (chancellor’s discretion on attorney-fee awards and standards)
- Tidmore v. Tidmore, 114 So. 3d 753 (Miss. Ct. App. 2013) (fees must be apportioned where bill includes work on separate modification issues)