Houck v. Houck, No. 2000-CA-02069-COA.
Decision Date | 05 March 2002 |
Docket Number | No. 2000-CA-02069-COA. |
Citation | 812 So.2d 1139 |
Parties | Charlotte HOUCK, Appellant, v. Steve O'Guin HOUCK, Appellee. |
Court | Mississippi Court of Appeals |
J. Peyton Randolph, II, Jackson, John David Garner, University, attorneys for appellant.
Steve O'Guin Houck, Pro Se (No Brief Filed), attorney for appellee.
EN BANC.
ON MOTION FOR REHEARING
THOMAS, J., for the court.
¶ 1. The motion for rehearing is granted, the original opinion is withdrawn, and the following opinion is substituted therefor.
¶ 2. Charlotte Ellis Houck appeals a decree ordering that Steve O'Guin Houck, her former husband, decrease his monthly child support obligation by one half from $700 to $350. This decree was the result of a motion for contempt filed by Charlotte alleging Steve was in arrears of his child support obligations by $8,800 plus interest and had not provided the required insurance for the younger of their two children. The lower court found that the older child had been emancipated for some time and held that Steve had only been responsible for supporting one child since the emancipation. This resulted in a $572 credit towards the child support payments. Steve represented himself at the lower court trial and has not submitted an appellee's brief. Charlotte raises the following assignments of error on appeal:
¶ 3. We affirm in part and reverse and remand in part.
FACTS
¶ 4. Charlotte and Steve were divorced on March 25, 1986. Charlotte was awarded custody of the parties' two minor children. Steve was ordered to pay child support in the amount of $700 per month.
¶ 5. On August 30, 2000, Charlotte filed a motion for contempt alleging that Steve was in arrears on his child support obligations in the amount of $8,800 plus interest, and that Steve had failed to comply with the order regarding insurance coverage for the younger child.
¶ 6. On September 27, 2000, a hearing was held wherein Steve appeared pro se. On November 15, 2000, the chancellor held that Steve was in willful contempt regarding the insurance issue and ordered Steve to provide the younger child with insurance. As for the child support, the chancellor found that the older of the two children reached the age of twenty-one several months earlier, and was, therefore, emancipated. The chancellor held that child support, by operation of law, ended at the time of emancipation of the older child. Therefore, Steve was only obligated to pay child support for the younger, unemancipated child. With this in mind, the chancellor calculated the balance of the child support obligation to be $572 in credit rather than a debt of $8,800.
STANDARD OF REVIEW
¶ 7. In determining whether there should be a modification of child support, chancellors are given broad discretion. Morris v. Stacy, 641 So.2d 1194, 1196 (Miss.1994). Further, this Court's scope of review of the findings of a chancellor in domestic relations matters is limited. Pearson v. Pearson, 761 So.2d 157, 162 (Miss.2000). The findings of the chancellor will be overturned on appeal only if "manifestly wrong, clearly erroneous, or if the chancellor applied an erroneous legal standard." Id. No finding will be disturbed or set aside if supported by "substantial, credible evidence." Id.
¶ 8. These standards apply even though Steve represented himself at the hearing and has not submitted a brief on appeal. Goodin v. Department of Human Services, 772 So.2d 1051, 1054 (Miss.2000). Our supreme court has stated that "[e]ven when a litigant is pro se, a court is to apply the same procedural and evidentiary requirements upon him." Dethlefs v. Beau Maison Dev. Corp., 511 So.2d 112, 118 (Miss.1987). However, our supreme court has also stated that "appellate courts generally afford such litigants some degree of leeway on appeal." Goodin, 772 So.2d at 1054. See also Kellar v. Mississippi Employment Sec. Comm'n, 756 So.2d 840, 842 (Miss.Ct.App.2000)
; Johnson v. State, 154 Miss. 512, 513, 122 So. 529 (1929).
¶ 9. Emancipation was defined by our supreme court in Caldwell v. Caldwell, 579 So.2d 543, 549 (Miss.1991)(citing Pass v. Pass, 238 Miss. 449, 454, 118 So.2d 769, 771 (1960)), as follows:
Emancipation, as employed in the law of parent and child, means the freeing of a child for all the period of its minority from the care, custody, control, and service of its parents; the relinquishment of parental control, conferring on the child the right to its own earnings and terminating the parent's legal obligation to support it.
The statute governing emancipation is Miss.Code Ann. § 93-5-23 (Supp.2001) and § 93-11-65 (Supp.2001) which both read in pertinent part as follows:
Our supreme court has also made it clear that "[a] parent is relieved of the legal duty to support his child once the child is emancipated whether by attaining the age of majority or otherwise." Crow v. Crow, 622 So.2d 1226, 1229 (Miss.1993).
¶ 10. Further, our supreme court has stated that Department of Human Services v. Fillingane, 761 So.2d 869, 872 (Miss.2000). ¶ 11. It is true that Mississippi State Dep't of Human Servs. v. St....
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