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Clausel v. Clausel

June 04, 1998

GARY DANIEL CLAUSEL
v.
BARBARA LYNNE CLAUSEL



Before Sullivan, P.j., Roberts And Waller, JJ.

The opinion of the court was delivered by: Roberts, Justice

DATE OF JUDGMENT: 12/27/96

TRIAL JUDGE: HON. PERCY LEE LYNCHARD, JR.

COURT FROM WHICH APPEALED: DESOTO COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

DISPOSITION REVERSED AND REMANDED - 6/4/98

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

STATEMENT OF THE CASE

¶1. Barbara Lynne Clausel, the appellee, filed a Complaint for Divorce and Amended Complaint for Divorce on the 12th of January, 1996. The Appellant, Gary Daniel Clausel, filed a pro se Answer and subsequently employed counsel to represent him and filed an Amended Answer and Counter-Complaint for Divorce. This matter came to trial on October 17, 1996. The Chancery Court entered an Opinion of the Court on November 8, 1996 and subsequent thereto a Judgment of Divorce was entered. Post-trial motions were denied by the Court. Gary, being aggrieved of the decision of the Chancery Court, perfected an appeal to this Court alleging the following issue:

I. WHETHER THE COURT ERRED IN ORDERING GARY CLAUSEL TO PAY AN AMOUNT OF CHILD SUPPORT UNTO BARBARA CLAUSEL WHICH IS IN EXCESS OF THE STATUTORY GUIDELINES SET FORTH IN MISS. CODE ANN. § 43-19-101?

STATEMENT OF THE FACTS

¶2. The parties were married on June 27, 1976, and separated in DeSoto County, Mississippi on December 30, 1995. Two children were born unto the marriage: Craig Alan Clausel, a male child born March 19, 1981, age 15; and Cheryl Alaine Clausel, a female child born July 3, 1989, age 7. Barbara Clausel was awarded the marital residence for the benefit of her and the two minor children, of whom she was awarded custody. The children had been in Barbara's custody since the couple's separation.

ΒΆ3. Both Gary and Barbara were gainfully employed at the time of separation and at the court hearing. Barbara was employed full-time with Pittman and Associates, where her gross monthly income was $1,906.74. Her net monthly income was $1,330.66. This was reflected on the Financial Statement made a part of the record and made Exhibit 1 to the testimony.Gary was employed with Southern Cotton Oil Company, a division of Archer Daniels Services Midland Company, and Sanitors Southwest, Inc, and his gross monthly income was $1,416.70. His net ...


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