Andrews v. Williams, 97-CA-00453 COA.
| Citation | 723 So.2d 1175 |
| Decision Date | 24 November 1998 |
| Docket Number | No. 97-CA-00453 COA.,97-CA-00453 COA. |
| Parties | Harry ANDREWS, Appellant, v. Carolyn Andrews WILLIAMS, Appellee. |
| Court | Court of Appeals of Mississippi |
Jennifer H. Edwards, Attorney for Appellant.
Ronald M. Kirk, Flora, Attorney for Appellee.
Before McMILLIN, P.J., DIAZ, and PAYNE, JJ.
PAYNE, J., for the Court:
PROCEDURAL POSTURE AND ISSUES PRESENTED
¶ 1. Carolyn Williams received a divorce from Harry Andrews on the grounds of irreconcilable differences by decree of the Holmes County Chancery Court, the Honorable Edward G. Cortright, Jr. presiding, on December 1, 1983. From this decree, Carolyn was awarded custody of the couple's two minor children and $200 per month in child support. In addition, Harry was ordered to pay $125 per month to Crugar-Tchula Academy for tuition for Harry, Jr. (a.k.a. Jeff).
¶ 2. On April 8, 1996, Carolyn filed the present Complaint for Citation for Contempt and Petition for Modification of Former Judgment. Having been found in contempt and upon adverse modification of the decree, Harry appeals the judgment of the Holmes County Chancery Court asserting the following five issues:
Upon review of legal precedent and the record, we affirm the lower court in all respects.
FACTS
¶ 3. Harry Andrews and Carolyn Andrews Williams were married in 1977. This union produced two children, a son, Harry Andrews, Jr. (a.k.a. Jeff) and a daughter, Stacy Andrews. On December 1, 1983, Harry and Carolyn were divorced and custody of Jeff and Stacy was awarded to Carolyn. Subsequently, Carolyn filed a Petition for Citation of Contempt on September 8, 1989, alleging that Harry was $3,900 in arrears for partial child support for the years 1987-1989; this Petition was eventually dismissed for want of prosecution on June 18, 1992.
¶ 4. In 1996, Carolyn filed the Complaint at issue here, seeking to have Harry held in contempt and to have the original divorce decree modified for an increase in child support. In her pleadings, Carolyn alleged that Harry was in arrears in child support the sum of $9,300, and that he had failed to pay the tuition costs for Jeff at Cruger-Tchula Academy amounting to $3,375. Carolyn also sought attorney's fees from Harry. Included in the same complaint was a Petition for Modification of Former Judgment. Here, Carolyn sought an increase in child support from $200 per month to $450 per month, payment by Harry of one-half of non-covered medical expenses incurred by Jeff and Stacy, payment by Harry of all educational expenses incurred by Jeff and Stacy for their post-secondary education,1 carrying by Harry of a $100,000 life insurance policy with Jeff and Stacy as irrevocable beneficiaries, and attorney's fees because of Harry's refusal to voluntarily agree to these modifications in the decree.
¶ 5. Harry denied any arrearage in child support or tuition payments and alleges that Jeff is now an emancipated adult with a full-time job and no plans to attend college; therefore, Harry should not be responsible for Jeff's support. Additionally, Harry claimed that he had attempted to put Stacy on his medical insurance policy, but Carolyn would not cooperate with these efforts. Finally, Harry sought to have the original decree modified to reduce child support payments to fourteen percent of his adjusted gross income to be paid for Stacy's benefit until she becomes emancipated.
¶ 6. After a trial, the chancellor found Harry in contempt for failing to pay child support in the amount of $7,400 plus eight percent interest, failing to pay Jeff's tuition expenses at Cruger-Tchula Academy in the amount of $3,000 plus eight percent interest, $1,250 in attorney's fees for Carolyn, and increased child support to $320 per month. Additionally, the court did not find that Jeff was emancipated; however, the judge refused to order support for post-secondary education until Jeff actually enrolls in a college program. The citations for back child support and Jeff's tuition expenses were ordered paid at a rate of $100 per month. Attorney's fees were ordered paid within 120 days.
STANDARD OF REVIEW
¶ 7. The standard of review employed by this Court in domestic relations cases is abundantly clear. Chancellors are vested with broad discretion, and this Court will not disturb the chancellor's findings unless the court's actions were manifestly wrong, the court abused its discretion, or the court applied an erroneous legal standard. Sandlin v. Sandlin, 699 So.2d 1198, 1203 (Miss.1997); Johnson v. Johnson, 650 So.2d 1281, 1285 (Miss.1994); Crow v. Crow, 622 So.2d 1226, 1228 (Miss.1993); Gregg v. Montgomery, 587 So.2d 928, 931 (Miss.1991).
ANALYSIS AND DISCUSSION OF LAW
¶ 8. As his first assignment of error, Harry argues that the chancellor's award of $7,400 plus eight percent interest to Carolyn was not supported by substantial evidence and was therefore manifest error. Carolyn's claims for back child support were as follows:
1987 - $1,000 1988 - $1,800 1989 - $1,100 1990 - $2,400 1991 - $1,100
Carolyn's calculations were based largely on her memory. Her testimony reflected that the extent of her records was a wall calendar on which she recorded each of Harry's payments. At the end of each year, she would file the calendar in her personal file cabinet. However, her calendar records have been destroyed.2
¶ 9. Harry testified that he paid $2,400 in child support in 1987, albeit late in some instances.3 Harry testified that Jeff lived with him in 1988; therefore, he paid child support on Stacy only, or $1,200. In 1989 and 1990, Harry testified that he paid a total of $4,800 in child support by money order. For 1991, Harry produced bank receipts for $1,330 in child support; he testified that the balance of support for that year was paid by money order.
¶ 10. As stated, our scope of review is limited. Here, the chancellor, after taking testimony from both Harry and Carolyn, determined that Carolyn's assessment of the arrearage was the more accurate. The chancellor was in the best position to access the credibility of the witnesses and their respective testimony regarding the matters at issue. As is well-established, the chancellor is vested with assessment of witness credibility, and "the interpretation of evidence where it is capable of more than one reasonable interpretation...." Crow v. Crow, 622 So.2d 1226, 1229 (Miss.1993); Rainey v. Rainey, 205 So.2d 514, 515 (Miss.1967).
¶ 11. Harry argues that Carolyn did not present sufficient proof of his non-payment of child support. The Mississippi Supreme Court has held that while calculations with regard to amounts of child support arrearages may be "vague and imprecise, the chancellor's findings will not be disturbed where, as here, there was no other direct evidence as to the amount due." Brown v. Gillespie, 465 So.2d 1046, 1047 (Miss.1985). While the letter Harry received from Carolyn's attorney, Joel Henderson, in 1993 indicated that he was delinquent by only $600, this letter, as established by Carolyn, was not intended to include all arrearages. Harry, of course, would have us find that this letter is dispositive of his arrearage. However, the chancellor weighed this evidence with the testimony and found that the $7,400 figure was an accurate assessment of arrearage. Finding no manifest error, we must sustain the award.
¶ 12. As his second assignment of error, Harry argues that the chancellor erred in not finding that Jeff Andrews was an emancipated adult under Section 93-5-23 of the Mississippi Code of 1972. The relevant portion of the Code section follows:
Miss.Code Ann. § 93-5-23 (Supp.1998). Harry argues that Jeff was emancipated under subsection (c) of § 93-5-23 because he graduated from high school and obtained full-time employment.
¶ 13. Testimony at trial indicated that upon graduation from high school in 1995, Jeff moved to Gulfport to live with Harry. While there, he was employed at K-Mart. After two months, Jeff and Harry had a falling out, and Jeff moved back to Jackson to live with Carolyn. At the time of the trial, Jeff was employed by his maternal uncle and earning a net pay of $185 per week. Both Carolyn and Jeff testified that Jeff's earnings prevented his establishing an independent residence of his own. Jeff was responsible for a pick-up truck payment and insurance on the vehicle as well as some other personal debts. Harry testified that he assumed that Jeff was an adult when he turned eighteen, and he took it upon himself to reduce his child support payments to Carolyn by one-half at that time.
¶ 14. The issue of a...
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