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[T] Copes v. Copes

May 12, 1998

KELLYE ANNE GILLIAM COPES, APPELLANT
v.
BRUCE ALLEN COPES, APPELLEE



Before Bridges, C.j., Herring, And Southwick, JJ.

The opinion of the court was delivered by: Bridges, C.j., For The Court:

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

DATE OF JUDGMENT: 11/04/96

TRIAL JUDGE: HON. VICKI R. BARNES

COURT FROM WHICH APPEALED: WARREN COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: DOWNWARD MODIFICATION OF ALIMONY AWARD

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Kellye Anne Gilliam Copes appeals to this Court from a judgment of the Chancery Court of Warren County, Mississippi, which modified the terms of a prior judgment of divorce and reduced the amount of alimony Bruce Allen Copes was required to pay to Kellye from $1650.00 per month to $300.00 per month. Kellye argues that Bruce failed to present sufficient evidence of a material and substantial change in circumstances. Specifically, Kellye asserts that Bruce "failed to show that he acted with diligence in pursuing his desired vocation or sought out other employment in good faith." Kellye appeals arguing that the chancellor's modifications were contrary to law and thus, the judgment should be reversed and rendered. We disagree.

FACTS

Kellye Anne Gilliam Copes and Bruce Allen Copes were granted a divorce on December 21, 1995. In the judgment, Bruce was ordered to pay $350.00 per month child support and $1650.00 per month alimony. Kellye was awarded custody of the minor children, and Bruce was allowed visitation.

On March 26, 1996, Kellye filed a motion for citation for contempt for child support and alimony arrearage. On June 19, 1996, Bruce filed a counter-motion for modification seeking to reduce his child support and alimony payments. Allegedly, at the time of the hearing, Bruce was in arrears for child support, alimony, and other payments in the amount of $17,256.11. However, prior to entry of final judgment, the court was notified that Bruce had paid all sums in arrears through ...


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