Wallace v. Wallace

• Decision Date: 11 September 2007
• Docket Number: No. 2006-CA-00035-COA.,2006-CA-00035-COA.
• Parties: Michael Jake WALLACE, Appellant v. Deborah Braun WALLACE (McCollum), Appellee.
• Court: Mississippi Court of Appeals

965 So.2d 737

Michael Jake WALLACE, Appellant v. Deborah Braun WALLACE (McCollum), Appellee.

No. 2006-CA-00035-COA.

Court of Appeals of Mississippi.

September 11, 2007.

Patricia Peterson Smith, attorney for appellant.

J. Peyton Randolph, Jackson, attorney for appellee.

Before KING, C.J., GRIFFIS and BARNES, JJ.

BARNES, J., for the Court.

¶ 1. Michael Wallace appeals the judgment of the Chancery Court of Warren County which upwardly modified his child support payments. Mr. Wallace argues that the trial court erred and made no finding of a material change in circumstances, among other issues. We find the trial court did not err and accordingly affirm its judgment.

FACTS AND PROCEDURAL HISTORY

¶ 2. Deborah Braun Wallace McCollum and Michael Jake Wallace were granted a divorce based on irreconcilable differences in 1988. They had one child during their marriage, Jacquelyn, who was about two years old at the time of the divorce. Regarding Jacquelyn's support, the property settlement agreement stated that Mr. Wallace would pay Ms. McCollum $325 per month, maintain a life insurance policy with Jacquelyn as the beneficiary, provide medical and dental insurance, and establish a savings account for Jacquelyn's benefit. In 1999, Mr. Wallace voluntarily agreed to increase child support according to a cost of living index. When this dispute arose, Mr. Wallace was paying $516.92 per month for child support. Additionally, Mr. Wallace continued voluntarily paying all of the medical costs for Jacquelyn and helped provide a vehicle for her in high school. Testimony and documentation also showed Mr. Wallace was regularly contributing more than his monthly child support payment towards other expenses of Jacquelyn's.

¶ 3. Subsequent to their divorce, both parties remarried. Mr. Wallace has two children from his current marriage and resides in Louisiana. Both parties are employed with stable jobs. Mr. Wallace has worked for Bechtel Construction Company for twenty-eight years. On his 8.05 financial declarations form, Mr. Wallace reported a monthly adjusted gross income of $6,102.15, not including taxes, mandatory insurance, mandatory retirement, or a per diem payment of $2,296, which would vary depending on the location of his job's current project site. Because Mr. Wallace's job with Bechtel required him to travel so much, Mr. Wallace visits Jacquelyn infrequently. He is only able to come home to his family in Louisiana about once a month. Ms. McCollum thus claims the financial and emotional responsibility of raising Jacquelyn falls on her.

¶ 4. Ms. McCollum currently resides in Clinton and works as an administrative assistant. According to her 8.05 financial declarations form, Ms. McCollum's monthly adjusted gross income is $2,904.26. She maintains a bedroom and bathroom for Jacquelyn when she comes home to visit from college on the weekends.

¶ 5. Since the divorce decree, there had been no further legal action between the parties until April of 2005, when Ms. McCollum filed a petition for modification of child support in the Chancery Court of Warren County. Jacquelyn was about nineteen years old at the time. In the petition, Ms. McCollum claimed that "additional expenses associated with raising a daughter were not adequately addressed in the final judgment." Ms. McCollum stated Mr. Wallace was reluctant to help with these expenses. Specifically, Ms. McCollum requested that Mr. Wallace be required to pay one-half of Jacquelyn's college expense and one-half of her transportation costs.

¶ 6. According to testimony at the modification hearings, payment of Jacquelyn's transportation expenses had been an issue of contention for several years. Both parents contributed funds towards a used 2001 Nissan Altima for Jacquelyn in high school. Mr. Wallace paid for approximately one-half of the vehicle. In 2003, through no fault of Jacquelyn's, the vehicle was totaled. While Mr. Wallace wanted to shop around for a used vehicle of equal value to the Altima, Ms. McCollum unilaterally purchased for their daughter a new 2003 Saturn, costing $18,450.83. Ms. McCollum took the insurance proceeds from the Altima, which totaled $12,000, and applied the funds towards the payments for the new Saturn, which were $307.51 per month. Unfortunately, this vehicle proved unreliable. Ms. McCollum then purchased a new 2005 Toyota Scion for Jacquelyn, again without Mr. Wallace's input. Mr. Wallace did not contribute towards the payment of either vehicle, because he testified that his past contributions, specifically towards the Altima, were to provide Jacquelyn with transportation throughout high school and college. He disagreed with Ms. McCollum's decision to buy new cars for their daughter and thus declined contributing any money in excess of the $12,000 insurance proceeds for the Altima. As far as transportation expenses, Mr. Wallace provided Jacquelyn with a gas credit card when she went to college; however, Jacquelyn did not stay within the $80 per month budget he set. Mr. Wallace subsequently put a $100 cap on the card.

¶ 7. Jacquelyn's parents were also in dispute regarding payment of her college expenses. In high school Jacquelyn did well enough academically to win several scholarships to assist in her college tuition. She was also extremely active in extracurricular activities and community service. Because of her sheltered life in Clinton, Jacquelyn's father suggested that she attend a community college and obtain an associates' degree before attending a four-year university. Instead, Jacquelyn and her mother decided Jacquelyn should attend the University of Southern Mississippi ("USM"). During Jacquelyn's first year at USM, Mr. Wallace paid one-half of Jacquelyn's college expenses after scholarship payments. Unfortunately, as her father predicted, Jacquelyn did not do well at USM her first year. After mid-term grades came out her second semester, Mr. Wallace met with Jacquelyn and her mother. During this meeting, Mr. Wallace requested Jacquelyn pay one-third of her own college expenses because of her poor grades. His request was denied by both Jacquelyn and her mother; so he told them he would only pay $1,000 per semester.

¶ 8. At the end of her first year, Jacquelyn had been on academic probation both semesters, thus she lost her scholarships. Mr. Wallace testified he made the ultimatum that if Jacquelyn maintained the minimum academic standard of at least a C + in college, he would continue to help pay her educational expenses; otherwise, he would discontinue funding her college education. For housing, Jacquelyn had been living in the dormitory her first year at USM, but at the end of the spring semester she moved into an apartment in Hattiesburg with a few roommates. In the summer Jacquelyn worked at two local restaurants as a server, earning approximately $600 per month. Her household expenses in Hattiesburg were approximately $415 per month. In the fall of 2005, Jacquelyn began attending Jones County Junior College ("Jones") in Ellisville and was doing well at mid-semester. Ms. McCollum testified she was paying Jacquelyn's entire tuition at Jones. Jacquelyn also continued to work part-time.

¶ 9. In October 2005, the chancellor issued a final judgment resulting in an increase of Mr. Wallace's child support, payable directly to Ms. McCollum, of $907 per month. This figure is fourteen percent of Mr. Wallace's adjusted gross income, calculated by the trial court to be $6,472.28 per month.¹ Furthermore, Mr. Wallace was ordered to continue to provide Jacquelyn with a gas credit card; continue to pay all medical and dental expenses not covered by insurance; pay one-half of Jacquelyn's college expenses, including tuition, books, fees, supplies, room and board² less any scholarships or grants; pay $1,925³ towards Jacquelyn's vehicle at $100 per month until paid; and one-half of the license plate and insurance expenses on her vehicle. Both parties' requests for attorney's fees were denied. Also denied was Mr. Wallace's request for Jacquelyn's emancipation and his request that support payments be made directly to Jacquelyn. Mr. Wallace filed a motion to reconsider and a request for briefing. The chancellor granted the request for additional briefing. On December 29, 2005, the chancellor entered a memorandum opinion and final judgment reiterating her original October 2005 ruling. Mr. Wallace now appeals.

STANDARD OF REVIEW

¶ 10. When supported by substantial evidence, a chancellor's decision will not be reversed by this Court unless the chancellor "abused his discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Kilpatrick v. Kilpatrick, 732 So.2d 876, 880(¶ 13) (Miss.1999) (citing Herring Gas Co. v. Whiddon, 616 So.2d 892, 894 (Miss. 1993)). In the area of divorce and child support particularly, this Court generally will not overturn the chancellor's findings of fact unless manifestly wrong. Vaughn v. Vaughn, 798 So.2d 431, 433(¶ 9) (Miss. 2001) (citing Nichols v. Tedder, 547 So.2d 766, 781 (Miss.1989)). "[T]he process of weighing evidence and arriving at an award of child support is essentially an exercise in fact-finding, which customarily significantly restrains this Court's review." Clausel v. Clausel, 714 So.2d 265, 266-67(¶ 6) (Miss.1998) (quoting Gillespie v. Gillespie, 594 So.2d 620, 622 (Miss.1992)). For questions of law, the standard of review is de novo. Vaughn, 798 So.2d at 434(¶ 9) (citing Harrison Co. v. City of Gulfport, 557 So.2d 780, 784 (Miss.1990)).

DISCUSSION

¶ 11. Mr. Wallace raises two issues on appeal. First, he claims the trial court erred and did not make a finding of a material change in circumstances prior to increasing child support. Second, he claims the trial court erred in awarding child support payments payable to Ms. McCollum rather than to Jacqueline.

¶ 12. It is well-established that chancery courts may modify final divorce settlement decrees regarding child...