Martin v. Martin

Citation538 So.2d 765
Decision Date01 February 1989
Docket NumberNo. 58245,58245
PartiesBecky K. MARTIN, Appellant, v. Robert Leroy MARTIN, Appellee.
CourtUnited States State Supreme Court of Mississippi

Paul D. Perry, Overstreet & Kuykendall, Jackson, for appellant.

Percy S. Stanfield, Jr., Stanfield, Carmody & Coxwell, Jackson, for appellee.

Before DAN M. LEE, P.J., and ROBERTSON and PITTMAN, JJ.

PITTMAN, Justice, for the Court:

In August, 1977, Becky K. Martin was awarded a divorce from Robert Leroy Martin with custody of the parties' minor child Robert Leroy Martin, Jr., being awarded to Mrs. Martin. The Chancery Court ordered Mr. Martin to pay child support and to pay "all medical expenses incurred for and on behalf of said minor child in excess of the sum of $100.00 accruing in any one calendar year." Several years later, the minor Robert Leroy Martin, Jr., developed an addiction to drugs and alcohol. In April, 1986, Mrs. Martin, a resident of Tennessee, placed the minor Robert Leroy Martin, Jr., in the Methodist Outreach, Inc., located in Memphis, Tennessee, for treatment. The minor was institutionalized from April 12-18, 1986, and April 24-May 9, 1986, and was treated under the auspices of the facility from May 9, 1986, until July 1, 1986. The total cost of the treatment during the calendar year was Fifteen Thousand Four Hundred Twenty Dollars ($15,420.00). Robert Leroy Martin through a hospital insurance policy paid Eleven Thousand Dollars ($11,000.00) of the total cost of treatment; Ten Thousand Dollars ($10,000.00) for in-patient treatment and One Thousand Dollars ($1,000.00) for out-patient treatment of the minor child, said payments leaving a balance due of Four Thousand Four Hundred Twenty Dollars ($4,420.00). Mr. Martin's insurance company had paid the full amount of its policy on both in-patient and out-patient coverage and had no further liability under the terms of the insurance policy. After such payment there remained a balance due of Four Thousand Four Hundred Twenty Dollars ($4,420.00). Robert Leroy Martin refused to pay the balance due on the account incurred by the minor at the Methodist Outreach, Inc., said refusal creating the issue for this Court.

There is little developed record in the lower court; however, it is possible to glean enough from the record to decide the issue. Indeed the chancellor in the trial court suggested that the matter be appealed to this Court and in effect invited this Court to settle the issues raised. It is timely that this Court should do so.

The fact that the minor child needed and received the treatment is not at issue. There was continuous treatment from April 12, 1986, until July 1, 1986, which included without dispute charges for detoxification services, for room and bed in a semi-private room, for laboratory services, for psychological and therapeutic services and for medical general services. Further, there were periodic urinalyses and chemistry examinations, some psychiatric treatment and development and review of medical histories. It might be noted that there was or appears in the record to be no objection by Mr. Martin concerning the treatment of the minor, but there does appear an undated letter wherein the appellee cites the insurance coverage and suggests that free treatment be sought when the insurance policy has paid its total liability. Mr. Martin does suggest to the mother that she check to find the free centers for treatment.

There was continuous treatment from hospitalization through out-patient treatment to release of the minor child by the before-mentioned Methodist Outreach, Inc., a facility or institution which without contradiction the record shows to be a hospital and residential treatment facility accredited by the Joint Commission for the Accreditation of Hospitals.

The issue before this Court is whether or not psychological expenses incurred in the treatment of the minor child are to be included as medical expenses for which the father is obligated to pay under the Hinds County Chancery Court Decree. We find that the treatment was in a hospital setting and was conducted by or under the supervision of an accredited hospital institution and is a normal extension of necessary medical expenses as envisioned by the Hinds County Chancery Court in its 1977 Decree to protect the health and welfare of the minor child. Such a ruling is consistent with the past development of this area of the law by this Court. It is consistent with findings in prior cases of like import and with the language of Mississippi Rule of Evidence 503(a), styled "Physician and Psychotherapist-Patient Privilege," which includes as privileged...

To continue reading

Request your trial
5 cases
  • Becher v. Becher
    • United States
    • Supreme Court of Nebraska
    • February 25, 2022
    ...(1992) ; Cedergreen v. Cedergreen , 811 P.2d 784 (Alaska 1991) ; Bucy v. Bucy , 23 Conn. App. 98, 579 A.2d 117 (1990) ; Martin v. Martin , 538 So. 2d 765 (Miss. 1989) ; Sulman v. Sulman , 510 So. 2d 908 (Fla. App. 1987) ; Kahn v. Kahn , 23 Ariz. App. 269, 532 P.2d 541 (1975). Mark further a......
  • Nichols v. Tedder
    • United States
    • United States State Supreme Court of Mississippi
    • June 28, 1989
    ...related expenses such as reasonable and necessary medical, dental, optical, and psychiatric/psychological expenses. See Martin v. Martin, 538 So.2d 765 (Miss.1989); Clark v. Myrick, 523 So.2d 79 (Miss.1988); Bush v. Bush, 451 So.2d 779 (Miss.1984). A parent can also be required to absorb in......
  • Luce v. Luce
    • United States
    • Alabama Court of Civil Appeals
    • August 23, 1996
    ...See McDonald v. Taylor, 106 N.C.App. 18, 415 S.E.2d 81 (1992), Bucy v. Bucy, 23 Conn.App. 98, 579 A.2d 117 (1990), Martin v. Martin, 538 So.2d 765 (Miss.1989), and Kahn v. Kahn, 23 Ariz.App. 269, 532 P.2d 541 (1975). We note that for the cost of these services to be a valid extraordinary me......
  • Donald Shumate v. Deborah Shumate
    • United States
    • United States Court of Appeals (Ohio)
    • August 10, 1990
    ...... were medical expenses within a divorce decree requiring. payment of medical expenses. Martin v. Martin. (Miss.1989), 538 So.2d 765, Griffin v. Jefts. (Ga.1987), 256 Ga. 635, 352 S.E.2d 386, and Burdo v. Burdo (N.Y.App.1983), ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT