Hammonds v. Hammonds, 92-CA-01313
| Citation | 641 So.2d 1211 |
| Decision Date | 18 August 1994 |
| Docket Number | No. 92-CA-01313,92-CA-01313 |
| Parties | Larry D. HAMMONDS v. Linda Gregory HAMMONDS. |
| Court | United States State Supreme Court of Mississippi |
Gary L. Roberts, Pascagoula, for appellant.
William T. Reed, Oswald & Reed, Pascagoula, for appellee.
Before PRATHER, P.J., and SULLIVAN and JAMES L. ROBERTS, JJ.
Larry Hammonds was granted a divorce from Linda Hammonds on grounds of adultery. The chancellor awarded Linda no alimony, finding that she had forfeited any right to it by her "repeated adulterous behavior." We reversed, stating that except for her fault, Linda satisfied the criteria for an alimony award. We directed that on remand, Linda be awarded lump sum or periodic alimony, or both, such that she would not remain "in a state of financial misfortune." Hammonds v. Hammonds, 597 So.2d 653 (Miss.1992).
At a hearing held on remand, Larry presented evidence that since the divorce, Linda had been cohabiting with another man, and, having received $44,000 from sale of the marital home, was no longer in financial need. The chancellor found that Linda had no current income, and had spent much of the $44,000 on medical and other expenses incurred since the divorce. The chancellor stated that on the basis of these facts, and the requirements of this Court's mandate, Linda was entitled to $500 per month alimony. Larry appealed, citing the following error:
FOLLOWING A DIVORCE, IS A FORMER WIFE ENTITLED TO PERIODIC ALIMONY, EVEN THOUGH SHE IS REGULARLY COHABITING WITH ANOTHER MAN AND IS NOT DESTITUTE?
We reverse and remand for further findings on Linda's financial circumstances.
In July of 1990, after twenty-five years of marriage, 1 Larry Hammonds was granted a divorce from Linda Hammonds on grounds of adultery. The chancellor awarded no alimony, finding that Linda had given up any right to it by her "repeated adulterous behavior." In April of 1992, we reversed, noting that
(e)xcept for her fault, Linda satisfies the other criteria for an alimony award: she contributed substantially to the total accumulation of marital assets; the marriage lasted some twenty-five (25) years; she has no separate income or estate while Larry's is substantial; and without alimony, Linda lacks any financial security.
Hammonds v. Hammonds, 597 So.2d 653, 655 (Miss.1992). The Court remanded with directions "to award the former wife either lump sum or periodic alimony, or a combination of both, in its discretion, in an amount which will not leave her in a state of financial misfortune." Id. The Court's mandate was issued May 19, 1992.
Testimony from a hearing held September 15, 1992, is summarized below.
Linda testified that at the time of the divorce, in July of 1990, she had been living in the Colonial Manor Apartments in Pascagoula, where she lived until July of 1991. Thereafter, she had been living with her mother in Ovett, Mississippi, where she did not pay any rent. 2
Linda testified that she had sinus problems, requiring surgery in October of 1991. Additionally, Linda suffered from Meniere's disease, causing deafness in one ear. She had undergone surgery for this condition in January of 1992; a second hospitalization had occurred in March of 1992. Linda stated that she still experienced vertigo, and was scheduled for appointments in Jackson for further tests. She testified that she had paid Linda testified that she was not currently employed; the last time she had been employed was as a dental assistant between May and August of 1991. 3 Linda stated that she had quit this minimum wage job, due to illness. She testified that between the divorce in June of 1990 and finding this job, she had sought other employment, but that due to her record of leaving jobs, employers were reluctant to hire her. She explained that Larry had made her quit every job she had ever had. Additionally, Linda explained, she had quit school after the eighth grade to marry Larry, and was unskilled; the only jobs she found were minimum wage. Linda testified that she had not applied for work since her last employment, and that currently she could not work. She stated that she was under the medical care of Vocational Rehabilitation, who were planning retesting of her ear, and that she would lose this care if she found employment. Linda stated that aside from her ear problem, there was "not really" anything that interfered with her ability to work.
cash for her treatments in the beginning, lacking insurance, but that Vocational Rehabilitation was now paying for medical bills. Linda stated that she did not currently have health insurance.
Linda testified that with the $44,000 she had received from the house sale, she had bought a used 1991 Dodge for $14,000, replacing her old car, which had 150,000 miles on it. In addition, she had repaid loans from her mother and brother totalling about $5000, and a loan from friend Shane Cole of about $2000. She also bought a wedding dress for her daughter, and clothes for her other children, totalling around $2000. She paid off attorneys fees and some medical bills not covered by vocational rehabilitation. She stated that she continued to spend $60.00 per month on medication. Linda testified that she had remaining about $13-14,000, in a checking account at a bank in Hammond, Louisiana.
Linda testified that her current financial obligations included medical bills and bills from Penney's (about $700) and Lerner's (about $250). She stated that some of the purchases at these stores were clothing for her children, and that she paid off these bills by cash or check monthly.
Linda denied Larry's allegation that she was cohabiting with Shane Cole at the Yazoo Bayou Apartments in Pascagoula. She testified that she had another friend, Denise Tallman, who lived "behind there" with whom she would stay overnight sometimes. Linda stated that she had not resided a single night with Shane Cole. She stated that prior to living at the Yazoo Bayou apartments, Cole had lived with his mother; she had not spent the night with him there either. Linda testified that Cole had not assisted her financially since the divorce. She stated that she did see Cole "socially," but she would pay her own way for movies or meals.
Linda testified that while she had spent the majority of her time with her mother in Ovett, she had also spent time in Hammond and Independence, Louisiana, where she had family, as well as Pascagoula, which she visited once or twice a month, for a couple days at a time. Linda testified that she wished to return to Pascagoula because she missed her three children.
Larry testified that he was a refinery mechanic at Chevron, earning $18.98 per hour, with a gross income of about $3000 per month. Larry stated that he had remarried in September of 1990, and that he, his new wife, and her son lived in a rented house in D'Iberville. Larry testified that of the children from his marriage to Linda, Tim was twenty four years old, a student at Southern Mississippi University; Scott was twenty, and Sheila was eighteen. Sheila had just moved out into her new trailer; she was about to be married. 4 Larry testified that his wife Kathy worked at Singing River Hospital. He stated that he had not adopted Larry testified that he had a retirement account at Chevron, and that he had borrowed $25,000 to pay off bills Linda had left; he paid an amount monthly on a consolidated loan. His financial statement, admitted into the record as Exhibit 2, showed the monthly amount to be $470.52. Other expenses listed were rent of $360.00; food and household supplies, $600.00; utilities, phone, and cable $240.00; medical insurance and expenses, $300.00; auto insurance and expenses, $450; and payments for a washing machine ($58.00), laundry and cleaning ($50) and retirement ($60). The financial statement showed a net monthly income of $2350.62. Larry testified that his wife's income (amount unknown) was used to fill the gap between this monthly income and their monthly expenses ($2748.52).
Kathy's son Zack, and that Zack's father paid child support of $60 per week.
Larry stated that since the divorce, he had purchased a 1984 Porsche for $7800. In addition, he had borrowed money at the credit union to buy Sheila a car and a trailer, and buy Scott a truck. He stated that he paid monthly notes on these vehicles (the financial statement indicates $110 per month), and that he had title to them. He testified that the obligation for the trailer was shared by him and Sheila, and would be until she was married.
Larry testified that he had bought three acres of land for about $7900, and had started building a house with his share of the proceeds from the sale of the marital home. He stated that about $15,000 remained of his share of the proceeds. He stated that he would need to borrow more money to finish the house. Larry stated that he continued to provide support for Timmy (24) and Scott (20), paying for most college tuition and expenses; both sons made some contributions by working. Larry also stated that he had given Sheila his living room furniture. Larry testified that he had provided no support to Linda since the divorce.
Larry and Linda's son Timmy testified that since the divorce in 1990, his mother had cohabited with Shane Cole at several locations, including the Colonial Manor Apartments and the Yazoo Bayou Apartments, where they currently occupied a one-bedroom apartment.
Two of Linda's neighbors, who happened to be Larry's friends, testified that they had observed Linda and Shane coming and going at various times.
On September 18, 1992, Larry filed a Motion to Deny Award of Alimony. The motion contended that Linda was not entitled to alimony, "inasmuch as she is not destitute ... has now acquired substantial assets, and she has engaged in a continuing course of misconduct" justifying a total denial of alimony. The motion also stated...
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