Robert Edward Faerber v. April Faerber
150 So. 3d 1000
| Miss. Ct. App. | 2014Background
- Robert (Bobby) and April Faerber married in 1995, separated in 2005; April filed for divorce in chancery court alleging Bobby's uncondoned adultery. The original divorce judgment (2008) was reversed and remanded by this Court for errors in property classification, alimony, attorney fees, and child-support calculations.
- On remand new hearings occurred (2012); the chancellor found total marital property value $742,937.50, including personal property, the former marital home, and College Park Auto (CPA).
- The chancellor determined CPA’s increase in value during the marriage ($223,000) was marital property, found Bobby to be sole owner, and awarded April 33 1/3% of the increase ($74,326) and Bobby 66 2/3% ($148,674.10).
- The former marital home was valued at $325,000; the chancellor awarded April 50% ($162,500). After credits, Bobby was ordered to pay April $181,326 in equitable distribution in three installment payments.
- The chancellor recalculated Bobby’s adjusted gross monthly income as $5,291.10 (as of Dec. 2007), concluding Bobby underpaid child support; Bobby owed $27,354 in amended child support (payable in two installments).
- April requested attorney’s fees ($32,419.73 total); the chancellor denied fees, finding she failed to show inability to pay. Both parties appealed; this Court affirmed the chancellor’s remand judgment and denied appellate fees.
Issues
| Issue | Plaintiff's Argument (Faerber) | Defendant's Argument (Faerber) | Held |
|---|---|---|---|
| Classification/ownership of CPA increase | April: increase in value is marital; chancellor correctly awarded share | Bobby: chancellor erred in finding Bobby sole owner; he claimed only 1/2 interest | Affirmed: substantial evidence supports finding Bobby sole owner; increase is marital and distributed as ordered |
| Division/value of marital home | April: entitled to substantial share; chancellor’s 50% award appropriate given domestic contributions and fault | Bobby: contributed majority of funds (and a $50K loan from his mother); chancellor should have awarded him more or adjusted valuation | Affirmed: chancellor properly applied Ferguson factors, considered loan and contributions, and 50% award supported by evidence |
| Payment schedule for equitable distribution & amended child support | April: entitled to timely payments and arrears | Bobby: schedule unreasonable—requires large lump payments in <1 year given income and illiquid assets | Affirmed: chancellor considered delay, Bobby’s ability to acquire funds, and property received; schedule not an abuse of discretion |
| Award of attorney's fees | April: chancellor abused discretion by denying fees, forcing depletion of assets | Bobby: argued April failed to show inability to pay | Affirmed: denial upheld—party must show inability to pay; record supports chancellor’s exercise of discretion |
Key Cases Cited
- Hemsley v. Hemsley, 639 So. 2d 909 (Miss. 1994) (defines marital property and presumes equal value of spousal contributions)
- Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994) (establishes framework/factors for equitable distribution in divorce)
- Dickerson v. Dickerson, 34 So. 3d 637 (Miss. Ct. App. 2010) (discusses application of Ferguson factors and consideration of marital fault)
- Brabham v. Brabham, 950 So. 2d 1098 (Miss. Ct. App. 2007) (equitable distribution does not require equal division)
- Roberts v. Roberts, 135 So. 3d 935 (Miss. Ct. App. 2014) (summarizes Ferguson-step framework for classification, valuation, and equitable division)
- Curry v. Frazier, 119 So. 3d 362 (Miss. Ct. App. 2013) (standard of review in domestic-relations appeals)