Lisa Collins v. Mississippi Department of Human Services
2016-CA-00230-COA
| Miss. Ct. App. | Jun 13, 2017Background
- MDHS filed a child-support action against Lisa Collins for her son Adam Summers; Lisa answered andCross-complained for emancipation.
- Chancellor found Lisa failed to support Adam emotionally/financially and that Lisa and Adam contributed to erosion of the parent-child relationship.
- Court ordered Lisa to pay 14% of her adjusted gross income as child support retroactive to filing date (Nov. 20, 2014).
- Lisa appealed arguing improper legal standard and lack of substantial evidence for findings.
- Appellate court affirmed, holding substantial credible evidence supported the decision and that award complied with statutory guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether support award complies with guidelines | Lisa argues chancellor erred and did not justify deviation from guidelines. | MDHS asserts guidelines are rebuttable presumption; record shows justification to maintain support. | Affirmed; award within guidelines and justification supported |
| Whether findings on erosion of relationship are supported | Lisa claims findings are not supported and proximate-cause analysis flawed. | MDHS contends substantial credible evidence shows mutual contribution to erosion by Lisa and Adam. | Affirmed; facts supported by substantial credible evidence |
Key Cases Cited
- Caldwell v. Caldwell, 579 So. 2d 543 (Miss. 1991) (parental support not based on love; best interests test; possible forfeiture only for clear/extreme actions)
- Hambrick v. Prestwood, 382 So. 2d 474 (Miss. 1980) (limits to termination of support when child’s conduct is the basis)
- Roberts v. Brown, 805 So.2d 649 (Miss. Ct. App. 2002) (relevance of evidence in support/forfeiture considerations)
- Lowrey v. Lowrey, 25 So.3d 274 (Miss. 2009) (estrangement not itself a deviation from guidelines; substantial evidence standard)
- Lowrey v. Simmons, 186 So.3d 907 (Miss. Ct. App. 2015) (proximate-cause analysis and applicability of erosion-based relief; cannot simply suspend without substantial justification)
- Chesney v. Chesney, 910 So.2d 1057 (Miss. 2005) (statutory guidelines as rebuttable presumption for child-support awards)