336 So.3d 1121
Miss. Ct. App.2021Background
- Kevin and Ladonna Braswell divorced in 2016. The property-settlement judgment required Kevin to pay $4,500/month alimony and $2,500/month child support and awarded Ladonna $200,000 of Kevin’s $400,000 deferred retirement when payable.
- At divorce, Kevin was an ophthalmologist earning about $280,000/year; by 2019 his income had fallen dramatically (2019 AGI ≈ $54,363) after a series of adverse events.
- Post-divorce events: Kevin’s partner left the shared clinic (increasing expenses); a 2018 DUI investigation led to inpatient treatment and a medical-board order limiting his work to four days/week; Kevin filed Chapter 7 bankruptcy in March 2019 and lost clinic building and home; COVID-19 closures further reduced 2020 income.
- The couple’s minor child moved in with Kevin in March 2020. Kevin paid little toward support thereafter and faced arrearages; Ladonna sought contempt and enforcement.
- The Grenada County Chancery Court denied Kevin’s motion to modify alimony and child support, found him in contempt, imposed a judgment and incarceration (later lifted after payments). On appeal the Court of Appeals reversed and remanded.
Issues
| Issue | Plaintiff's Argument (Ladonna) | Defendant's Argument (Braswell) | Held |
|---|---|---|---|
| Whether chancery erred by denying Kevin’s request to modify periodic alimony | Modification not warranted — changes (drinking, clinic costs, COVID) were foreseeable or self-inflicted and not shown with particularity | Kevin’s income materially and unforeseeably decreased post-divorce (clinic expense shift, board-imposed work limits, rehab, bankruptcy, COVID); he sought modification promptly | Reversed: court abused discretion; cumulative post-divorce, unforeseeable events reduced Kevin’s ability to pay. Remand to apply Armstrong factors and set reduced alimony |
| Whether chancery erred in finding Kevin in contempt for arrearages (inability to pay) | Kevin failed to prove inability-to-pay with particularity; arrears show willful nonpayment | Kevin produced tax returns, bankruptcy records, bank statements, testimony showing lack of assets and reduced income; he filed to modify support promptly | Reversed: Kevin offered sufficient evidence of present inability to pay; contempt finding vacated. Also child-support obligation terminated after child moved in with Kevin and $12,500 credit for Mar–Jul 2020 awarded |
Key Cases Cited
- Poole v. Poole, 701 So. 2d 813 (Miss. 1997) (pre-divorce knowledge of drinking can render income loss foreseeable and defeat modification)
- Holcombe v. Holcombe, 813 So. 2d 700 (Miss. 2002) (periodic alimony modifiable upon unforeseen material change; Armstrong factors govern amount)
- Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993) (enumeration of factors for spousal-support determinations)
- Easterling v. Easterling, 245 So. 3d 548 (Miss. Ct. App. 2018) (upholding reduction of alimony after unforeseen job loss)
- McEwen v. McEwen, 631 So. 2d 821 (Miss. 1994) (support reduction required where post-divorce income dropped substantially)
- Nichols v. Tedder, 547 So. 2d 766 (Miss. 1989) (child support intended for child’s benefit; obligation may end when child’s custody changes)
- Riser v. Peterson, 566 So. 2d 210 (Miss. 1990) (inability to pay is a defense to civil contempt but must be proven with particularity)