McNally v. McNally, No. 56771

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtROBERTSON; ROY NOBLE LEE
Citation516 So.2d 499
Docket NumberNo. 56771
Decision Date09 December 1987
PartiesCecile McNALLY v. Leo F. McNALLY, Jr.

Page 499

516 So.2d 499
56 USLW 2379
Cecile McNALLY
v.
Leo F. McNALLY, Jr.
No. 56771.
Supreme Court of Mississippi.
Dec. 9, 1987.

Joseph R. Meadows, Graves, Riley & Meadows, Gulfport, for appellant.

James N. Randall, Jr., Gulfport, for appellee.

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

ROBERTSON, Justice, for the court:

Today's case presents a question arising with increasing frequency: one spouse in a new marriage attends professional or graduate school while the other earns the couple's keep. After graduation but before the marriage begins to reap the economic benefits of this professional training, the parties get divorced.

On occasion at the time of the divorce the professionally trained spouse is sufficiently impecunious that no alimony should be

Page 500

awarded. In such cases, we direct that the Chancery Court generally should retain jurisdiction of the alimony feature of the case and pursuant thereto entertain subsequent application for award of alimony.

II.

A.

Leo F. McNally, Jr., and Cecile McNally were married on May 29, 1976, in Gulfport, Mississippi. Of this marriage there has been born one child, Jamie McNally, a female, born on February 11, 1982. The McNallys permanently separated in June of 1984. Cecile McNally is the Appellant here, while Leo is the Appellee.

At the time the McNallys married, Leo had completed his bachelor's degree at the University of Southern Mississippi, and Cecile had received her associate's degree in nursing from Jefferson Davis Junior College and was employed as a nurse. Leo enlisted in the military, as the couple had planned, and soon after their wedding, the McNallys moved to Oklahoma for Leo to begin his military service. From Oklahoma they were transferred to Texas, where they remained until Leo was discharged in 1979. The couple then moved to Memphis, where Leo hoped to enroll in dental school. When Leo was unable to gain admission to the dental school, the McNallys moved to Oxford, Mississippi, and Leo took courses at the University of Mississippi in an effort to raise his grade point average. He was successful, and in 1980, the couple relocated to Jackson and purchased a home. Leo then began his studies at the University of Mississippi Dental School.

In 1981, Cecile unexpectedly became pregnant. The McNallys had not planned to have children immediately. During the early months of her pregnancy, Cecile developed complications and was hospitalized. On the day she was admitted to the hospital, Leo visited her and told her that he was going hunting. When she explained the seriousness of her condition, he stated that he was under a lot of pressure and had not been hunting in some time. Cecile was in the hospital for three days, and Leo did not return from his hunting trip until the day after she was discharged.

In that same year, Leo became involved in an adulterous relationship. There appears in the record correspondence from his partner which indicates that this relationship continued during Cecile's pregnancy. Shortly after Cecile was discharged from the hospital, Leo expressed to her his concern about their finances and the added expense of having a baby. He suggested an abortion. Cecile was not receptive to this suggestion, and within a few weeks of this conversation, Leo moved out. Cecile received no financial support from Leo during the time that he was gone. Leo subsequently returned home, although the record does not indicate the precise date. The couple obtained marital counseling, during which Cecile forgave Leo's adultery. On February 11, 1982, Jamie was born.

After graduating from dental school, Leo obtained employment on the Mississippi Gulf Coast. In anticipation of their move to Gulfport, Cecile resigned from her $1,500.00 per month job in Jackson and accepted employment in Gulfport at $1,000.00 per month. A few weeks after Cecile had submitted her resignation, Leo told her he wanted a divorce. Because the position from which she had resigned had already been filled, Cecile found it necessary to move to Gulfport and accept the lower paying job which she had been offered there.

B.

On July 30, 1984, Leo F. McNally, Jr., commenced the present proceeding by filing his complaint in the Chancery Court of the First Judicial District of Harrison County, Mississippi. In this complaint Leo, acting individually, sought a divorce on the ground of irreconcilable differences. Cecile filed an answer and counterclaimed for divorce on the ground of habitual cruel and inhuman treatment. In her complaint she asked for custody of the child, child support and alimony. Leo then filed an amended complaint alleging habitual cruel and inhuman treatment, and subsequently

Page 501

he filed yet another complaint in which he requested alimony and certain other relief.

On September 24, 1984, the Chancery Court entered a temporary judgment placing custody of the minor child, Jamie, with Cecile and ordering that Leo pay $200.00 per month in child support. The temporary judgment also ordered that Leo pay $500.00 per month by way of temporary alimony.

After a hearing on the merits, the Chancery Court on May 9, 1985, entered final judgment granting Cecile a divorce on the ground of habitual cruel and inhuman treatment. Cecile was given custody of Jamie, and Leo was ordered to pay $300.00 per month child support. He was also given reasonable visitation.

In addition, Leo was ordered to maintain medical and hospitalization insurance on the child; to pay half of all medical, orthodontic, dental and eye care expenses for the child which were not covered by the insured; and to assume all outstanding debts incurred during the marriage and prior to the date of separation, except for the note on the couple's 1984 Toyota Tercel. Cecile was given the use, possession and control of that automobile and ordered to make the monthly payments on it. The judgment contains no order regarding the house which the couple owned, but there is some indication in the record that the house was taken by foreclosure. Significantly, the...

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50 practice notes
  • Tilley v. Tilley, No. 91-CA-467
    • United States
    • United States State Supreme Court of Mississippi
    • December 10, 1992
    ...disturbed on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error. McNally v. McNally, 516 So.2d 499, 501 (Miss.1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss.1970)). Under the standard of review utilized to review a chancery court's ......
  • Crowe v. Crowe, No. 91-CA-0553
    • United States
    • United States State Supreme Court of Mississippi
    • August 4, 1994
    ...against the overwhelming weight of the evidence or manifestly in error. Tilley v. Tilley, 610 So.2d 348 (Miss.1992); McNally v. McNally, 516 So.2d 499, 501 (Miss.1987); Harrell v. Harrell, 231 So.2d 793 This Court considers several factors in evaluating an award of periodic alimony. These f......
  • Magee v. Magee, No. 93-CA-00512-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • September 28, 1995
    ...be disturbed on appeal unless it be found against the overwhelming weight of the evidence or manifestly in error." McNally v. McNally, 516 So.2d 499, 501 (Miss.1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss.1970)). Lump sum alimony "is a settlement between the husband and the wife as......
  • Creekmore v. Creekmore, No. 92-CA-0498
    • United States
    • United States State Supreme Court of Mississippi
    • February 23, 1995
    ...on alimony on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error. McNally v. McNally, 516 So.2d 499, 501 In Cheatham v. Cheatham, 537 So.2d 435, 438 (Miss.1988), the following factors were considered in awarding lump sum alimony: 1) substa......
  • Request a trial to view additional results
50 cases
  • Tilley v. Tilley, No. 91-CA-467
    • United States
    • United States State Supreme Court of Mississippi
    • December 10, 1992
    ...disturbed on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error. McNally v. McNally, 516 So.2d 499, 501 (Miss.1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss.1970)). Under the standard of review utilized to review a chancery court's ......
  • Crowe v. Crowe, No. 91-CA-0553
    • United States
    • United States State Supreme Court of Mississippi
    • August 4, 1994
    ...against the overwhelming weight of the evidence or manifestly in error. Tilley v. Tilley, 610 So.2d 348 (Miss.1992); McNally v. McNally, 516 So.2d 499, 501 (Miss.1987); Harrell v. Harrell, 231 So.2d 793 This Court considers several factors in evaluating an award of periodic alimony. These f......
  • Magee v. Magee, No. 93-CA-00512-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • September 28, 1995
    ...be disturbed on appeal unless it be found against the overwhelming weight of the evidence or manifestly in error." McNally v. McNally, 516 So.2d 499, 501 (Miss.1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss.1970)). Lump sum alimony "is a settlement between the husband and the wife as......
  • Creekmore v. Creekmore, No. 92-CA-0498
    • United States
    • United States State Supreme Court of Mississippi
    • February 23, 1995
    ...on alimony on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error. McNally v. McNally, 516 So.2d 499, 501 In Cheatham v. Cheatham, 537 So.2d 435, 438 (Miss.1988), the following factors were considered in awarding lump sum alimony: 1) substa......
  • Request a trial to view additional results

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