Pittman v. Pittman

• Decision Date: 30 March 1995
• Docket Number: No. 93-CA-00424-SCT,93-CA-00424-SCT
• Citation: 652 So.2d 1105
• Parties: James E. PITTMAN v. Claudine G. PITTMAN.
• Court: Mississippi Supreme Court

Page 1105

652 So.2d 1105

James E. PITTMAN v. Claudine G. PITTMAN.

No. 93-CA-00424-SCT.

Supreme Court of Mississippi.

March 30, 1995.

Jessie L. Evans, Blackmon Blackmon & Evans, Canton, for appellant.

Ross R. Barnett Jr., Barnett Law Firm, Jackson, for appellee.

En Banc.

PRATHER, Presiding Justice, for the Court:

I. INTRODUCTION.

On March 17, 1993, the Appellant, James E. Pittman (James), and the Appellee, Claudine G. Pittman (Claudine), were granted a divorce on the grounds of irreconcilable differences in the Chancery Court of Hinds County, First Judicial District. James, being aggrieved by the chancellor's awarding to Claudine an equitable lien in the parties' home in the amount of $22,759.91 and the granting of attorney's fees to Claudine in the amount of $1,500.00, now brings his appeal to this Court assigning as error the following:

I. WHETHER THE LOWER COURT ERRED IN CREDITING APPELLEE WITH THE SUM OF $22,000.00 AS HER CONTRIBUTION IN THE CONSTRUCTION OF THE PARTIES' MARITAL DOMICILE AND THUS CREATING AN EQUITABLE LIEN FOR THE AFORESAID AMOUNT IN APPELLEE'S FAVOR.

II. WHETHER THE LOWER COURT ERRED IN AWARDING ATTORNEY'S FEES TO APPELLEE.

II. STATEMENT OF THE FACTS.

James and Claudine met in 1984. They became engaged in early 1986, and were married on September 9, 1987. Unto this marriage was born one child, James E. Pittman, Jr. James and Claudine lived together as husband and wife until their final separation on June 15, 1991.

Claudine filed a complaint for divorce from James on July 3, 1991. James filed an answer and a cross-complaint for divorce on August 15, 1991. Prior to trial, James and Claudine entered into a written agreement consenting to divorce on the grounds of irreconcilable differences. Both parties also agreed to withdraw all contests and denials except for the contested issues set out in the agreement to be resolved by the court. The issues left for the court's determination were:

1. Child custody, visitation rights, and amount of child support.

2. Who could claim minor child as dependent for income tax purposes.

3. Whether defendant [James] should be required to carry life insurance on his own life for the benefit of the minor child.

4. Credit, if any, to be given Claudine G. Pittman, for alleged investments made in marital residence.

5. Credit to be given James E. Pittman, if any, for alleged investments made in parties' Mercedes automobile.

6. Amounts, if any, owed to James E. Pittman for payment of 1987 tax liability.

7. Which party, if any, should be assessed court costs and attorney's fees, if any.

After trial, the chancellor rendered his opinion on February 19, 1993, finding that, while both parties were fit and proper persons to have custody of the minor child, Claudine should be granted primary custody with James given reasonable visitation rights. James was ordered to pay $180.00 per month in child support and to maintain medical insurance on the minor child with the parties paying equally all reasonable and necessary expenses not covered by insurance. However, James was not ordered to carry life insurance for the benefit of the child. James was allowed to claim the minor child as a dependent for income tax purposes provided his child support payments were kept current. The chancellor also found that Claudine did not owe James any funds for the payment of a 1987 tax liability. The chancellor further found that Claudine expended the sum of $22,759.91 in the acquisition of the marital home and that she should have an equitable lien for her interest in the property in this amount. The chancellor did not allow James any credit for the amounts he had invested in the parties' automobile. With regard to the issue of attorney's fees, the chancellor found that each party was equally capable for paying their respective fees. However, he did assess an attorney's fee of $1,500.00 and the costs of this proceeding against James because it was necessary for Claudine to bring an additional action to set aside a conveyance of the marital home to his sister and niece. Feeling aggrieved, James filed his notice of appeal on April 16, 1993.

III. ANALYSIS.

I. WHETHER THE LOWER COURT ERRED IN CREDITING APPELLEE WITH THE SUM OF $22,000.00 AS HER CONTRIBUTION IN THE CONSTRUCTION OF THE PARTIES' MARITAL DOMICILE AND THUS CREATING AN EQUITABLE LIEN FOR THE AFORESAID

AMOUNT IN APPELLEE'S FAVOR.

Claudine has both a B.S. degree and a Master's degree in Business Administration. She had been employed by Jackson State University (JSU) for seven years at the time of this trial. Prior to working at JSU, Claudine was employed as the director of accounting at Alcorn State University (ASU). When she started working for JSU in September of 1986, she was making $30,000.00 per year and her present gross pay was $3,416.67 per month. In addition, she also received $200.00 per month for support from her prior marriage. Her monthly net take-home pay was $2,689.96. Claudine's financial statement revealed that her monthly expenses were $3,739.00.

Claudine estimated that approximately 80% of her income during her marriage to James was used for the payment of the household expenses. She was able to save very little money, approximately $50.00 per month, during this time. Claudine testified that the household expenses that she paid included utilities, food, clothing for the entire family (including James and his two children from a previous marriage), the furniture payments, child care, car insurance and medical insurance. In addition, James and Claudine agreed to conceive a child through in vitro fertilization and she testified that she paid the expenses for this procedure.

During the marriage, James worked for the State of Mississippi at a salary of approximately $30,000.00 to $32,000.00 per year until he was discharged in September of 1988. He then started working for the City of Jackson in December 1988, and his income dropped. James was later reinstated by the State. His salary at time of trial was $2,800.00 per month and his net pay was approximately $1,700.00 per month. ¹ James' current monthly expenses were approximately $2,600.00. James said that he had to borrow money from family members in order to meet his current financial obligations. James has four other children in addition to James Pittman, Jr. and his current monthly child support obligation was $768.00. James testified that he and Claudine jointly paid the household expenses. James testified that expenses he paid during the course of the marriage included the down payment on the Mercedes, the monthly payments on the Mercedes, the telephone bill, the light bill, taxes on the house, insurance on the house, mortgage payments, and car tags and inspection stickers.

James bought the land upon which the marital home was built while he and Claudine were dating. The contract for the sale of this land was dated September 18, 1984, and the warranty deed was transferred to James in February, 1985. Claudine testified that James paid $9,500.00 for this lot. The couple became engaged in early 1986. Claudine testified that it was at that time that they decided to build the house together. Claudine said that they both contributed to the construction of this house. She said construction began in late 1985 or early 1986. Claudine testified that the house was completed on July 15, 1987, and they moved into the house in August, 1987. The couple later married on September 9, 1987.

At trial, Claudine asked the court to give her credit for the amount she expended on the parties' marital domicile and to be given a lien for her interest in the home. James asked that he be given credit for repairs and payment of $44,000 he made on the Mercedes automobile titled in Claudine's name. In ruling on these requests, the chancellor stated:

This Court finds from the evidence that Claudine Pittman expended the sum of $22,759.91 in the acquisition of the marital residence and, although the defendant [James] claims an offset for funds that he contributed toward the purchase of the Mercedes automobile, the Court finds that the property has appreciated in value over said period of time considerably and that she should have an equitable lien for her interest in the property in said amount. The money spent on repairs enures to his benefit by enhancing the value above the lien.

The Court further finds from the evidence that the defendant should not be given credit for amounts he invested in the automobile which is now agreed to be the property of the plaintiff [Claudine] as the amount would be absorbed by the defendant's [James'] use and benefit of the automobile. The loss and depreciation over the years requires, in equity, that the automobile should be the sole property of the plaintiff [Claudine].

James on appeal contends that the lower court erred in its refusal to give him credit for the payments that he made on the automobile awarded to Claudine and for the repairs that he made to the home after Claudine's departure from the home. James maintains that equitable treatment requires that his contributions be compared with the contributions claimed by Claudine in completing the construction of the parties' marital domicile. Claudine, on the other hand, contends that the chancellor was not manifestly wrong in his determinations. She asserts that because the chancellor's decision is supported by substantial and credible evidence, his decision should not be disturbed.

Our scope of review in domestic relations matters is limited. Crow v. Crow, 622 So.2d 1226 (Miss.1993). "Findings of a Chancellor will not be disturbed or set aside by this Court on appeal unless we are of the opinion the decision made by the trial court was manifestly wrong and not supported by substantial, credible evidence, [citations omitted], or unless an erroneous legal standard was applied." Snow Lake Shores Property Owners Corp. v. Smith, 610 So.2d 357, 360 (Miss.1992).

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