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11/18/96 LARRY T. FORTENBERRY v. JACKY H.

November 18, 1996

LARRY T. FORTENBERRY, APPELLANT
v.
JACKY H. FORTENBERRY SPARKS, APPELLEE



The opinion of the court was delivered by: Southwick, J., For The Court:

Fortenberry v. Sparks, 96-CA-01381, __ So. 2d __

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HONORABLE SEBE DALE, JR.

COURT FROM WHICH APPEALED: LAMAR COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: DETERMINATION OF ARREARAGE IN CHILD SUPPORT PAYMENTS AND MODIFICATION OF CHILD SUPPORT

DISPOSITION REVERSED AND REMANDED - 7/14/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

EN BANC

Larry Fortenberry appeals from an order of the Lamar County Chancery Court modifying his child support obligation and his payment plan for past-due child support. Mr. Fortenberry asserts that the chancery court failed to provide him with an opportunity for a hearing before modifying the previous orders on child support. We agree and therefore reverse for further proceedings.

STATEMENT OF FACTS

Mr. Fortenberry and Ms. Sparks were granted a divorce by the Lamar County Chancery Court on November 9, 1989. The parties had two children: Jessica Elaine and Laura Jane. As part of the property settlement agreement, Mr. Fortenberry was to pay $450 per month per child in support and the payments were to increase with any salary raise. Although the original divorce decree was not included in the record, a subsequent 1995 chancellor's decree implies that the decree created a simple formula, ...


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