Duett v. Duett, 47261
| Decision Date | 12 November 1973 |
| Docket Number | No. 47261,47261 |
| Citation | 285 So.2d 140 |
| Parties | Howard DUETT v. Mrs. Sara DUETT. |
| Court | Mississippi Supreme Court |
Jerry O. Terry, Gulfport, for appellant.
Alford & Mars, Philadelphia, for appellee.
In 1960 Sara Duett was granted a divorce from Howard Duett in the Chancery Court of Neshoba County. The decree required Howard Duett thereafter to pay $50 each month to Sara Duett 'for the support of herself' and Dianne Duett and Dale Duett, their children.
On May 6, 1972, Howard Duett filed a petition against Sara Duett in the Neshoba County Chancery Court in which he described the $50 payments as being for child support only, stated that Dianne Duett had reached her majority and was married, that Dale Duett, the son, had also become 21 years of age, and consequently petitioner should be relieved of his obligation to make the payments. The adult son was not made a party.
Sara Duett answered and admitted that Dianne Duett was more than 21 and married, and that Dale Duett also had reached 21 years of age. She objected to cancellation of the payments and attached a copy of the decree under the terms of which Howard Duett had been required to pay her $50 per month 'for the support of herself' and the two children. She alleged that she had not remarried and, therefore, she was entitled under the decree to continued support from petitioner.
She charged further that Dale Duett was a senior student at Delta State College where he had made, and was making, very creditable grades, that he possessed 'talents, aptitude and intelligence' which enabled him to receive a college education, that modern conditions made it imperative that he do so and that, although he had reached his majority, the obligation to pay the expenses of his education continued to rest upon petitioner, his father. She made her answer a cross-petition and prayed that Howard Duett be required to continue the payments ordered by the former decree for her own support and that of her son.
The only evidence in the record is the testimony of Sara Duett. She was first offered as an adverse witness by petitioner and later testified in her own behalf. From this evidence it appears without dispute that Sara Duett has not remarried, that Dale Duett lives with her, that she works with a take-home pay of $289 per month, that from this and the $50 payments she supports herself and their son, Dale, and from these two sources she assists, so far as she is able, with the costs of his attending college, that Dale Duett's grades have been quite good, that he had been forced, however, because of the shortage of money, to stay out of school from time to time to work and earn money so that he might return to his studies, that he would, unless such a necessity to work intervened, be graduated in August, 1973, and that she owed her bank about $500.
It was not alleged, and no effort was made to show, that the payments were beyond the reasonable capability of Howard Duett, nor is it suggested that the amount would be excessive for the support of Sara Duett or that the payments constituted a hardship upon him. Mrs. Sara Duett did not request that the amount of the payments be increased.
The court delivered an opinion, in the course of which he commented upon the fact that $50 was a 'mere pittance' compared to the present day costs the mother was trying to bear, and also remarked upon the tragedy which would result if, for want of these small payments, 'this deserving young man should be unable to complete his education.'
The chancellor then proceeded to hold, apparently basing his conclusion upon the absence of the word 'alimony' in the former decree, that the $50 payments were solely for child support. He held, however, on the basis of Pass v. Pass, 238 Miss. 449, 118 So.2d 769 (1960) that the payments should be continued until January 1, 1974, or until Dale Duett 'graduated from college, whichever happens first' in order that the young man might have time to complete his courses and be graduated.
From the decree entered pursuant to the above stated conclusions, Howard Duett has appealed, without supersedeas, and Sara Duett has cross-appealed. On direct appeal, Howard Duett contends that the payments required of him under the former decree were solely for child support, not alimony or support of his former wife, and that he should not be required to continue making them for the support of his son after his son's twenty-first birthday. Sara Duett on the other hand argues that the payments contemplated or embraced support for herself, whether such support was termed alimony or not, and should continue.
Mississippi Code 1942 Annotated section 2743 (1956) provides, among other things, that when a decree of divorce is entered, the court may, 'having regard to the circumstances of the...
To continue reading
Request your trial
-
Nichols v. Tedder
...to pay for the care and maintenance of the child are the expenses of a college, or other advanced education. As noted in Duett v. Duett, 285 So.2d 140 (Miss.1973), the statute authorizing the court to enter decrees providing for the care and maintenance of the children is "susceptible of an......
-
Lawrence v. Lawrence
...to pay for the care and maintenance of the child are the expenses of a college, or other advanced education. As noted in Duett v. Duett, 285 So.2d 140 (Miss.1973), the statute authorizing the court to enter decrees providing for the care and maintenance of the children is "susceptible of an......
-
Polk v. Polk
...to pay for the care and maintenance of the child are the expenses of a college, or other advanced education. As noted in Duett v. Duett, 285 So.2d 140 (Miss.1973), the statute authorizing the court to enter decrees providing for the care and maintenance of the children is "susceptible of an......
-
Hoar v. Hoar, 52858
...of our conclusion on the question of support for Thomas Hoar in the present case, we decline to address that question. See Duett v. Duett, 285 So.2d 140 (Miss.1973). Sections 6(b) and (f) of the settlement agreement pertain to support for the children, particularly Thomas Hoar. The chancell......