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Osborn v. Osborn

December 08, 1998

RAYMOND OSBORN APPELLANT
v.
SUSAN JANET OSBORN APPELLEE



Before Thomas, P.j., King, And Payne, JJ.

The opinion of the court was delivered by: King, J.,

DATE OF JUDGMENT: 05/02/96

TRIAL JUDGE: HON. JOHN C. ROSS JR.

COURT FROM WHICH APPEALED: TISHOMINGO COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: DIVORCE GRANTED ON GROUNDS OF ADULTERY, SUSAN OSBORN GRANTED CUSTODY OF THE MINOR CHILD, AWARDED $200 IN CHILD SUPPORT, $300 PER MONTH FOR 36 MONTHS IN PERIODIC PAYMENTS; RAYMOND WAS ALSO ORDERED TO MAKE MONTHLY PAYMENT ON SUSAN'S AUTOMOBILE, MAINTAIN LIFE INSURANCE ON CHILD, AND PAY ONE-HALF OF MEDICAL INSURANCE.

DISPOSITION: AFFIRMED IN PART, REVERSED IN PART- 12/8/98

¶1. The Tishomingo County Chancery Court granted Mrs. Osborn a divorce on the ground of adultery and ordered, inter alia, that Mr. Osborn pay $200 in monthly child support, $300 a month in periodic alimony, and $199.44 toward Mrs. Osborn's car loan.

¶2. Mr. Osborn has appealed this judgment, raising the following issues:

1. Whether it was manifest error and an abuse of discretion for the trial Judge to deviate from the statutory guidelines and award child support in the amount of $200 per month.

2. Whether it was manifest error and an abuse of discretion for the trial Judge to order the Appellant to pay $200 per month child support, $199.44 per month automobile loan, and $300 per month in periodic alimony when such payments comprised 89.7% of Appellant's gross monthly income.

3. Whether it was manifest error and an abuse of discretion for the trial Judge to award $1000 in attorney's fees absent a finding of reasonableness of said attorney fees and Appellee's inability to pay.

¶3. Mrs. Osborn has cross-appealed, citing the following issues:

1. Whether it was manifest error and an abuse of discretion for the trial Judge to only award $300 per month in periodic alimony in light of proof that Appellant's income, assets, and earning capacity greatly exceeded that of the Appellee.

2. Whether it was manifest error and an abuse of discretion for the trial Judge to only award $200 in monthly child support in light of the child's substantial needs and Appellee's inability to provide for those needs.

3. Whether it was manifest error and an abuse of discretion for the trial Judge to only award $1000 in attorney fees.

STATEMENT OF FACTS

ΒΆ4. The parties were married on December 12, 1972, and separated on April 27, 1995. Two children were born to this union, one of whom was a minor at the time of divorce. Mr. Osborn filed for divorce on September 18, 1995, alleging habitual cruel and inhuman treatment and irreconcilable differences. On October 13, 1995, Mrs. Osborn counter-sued ...


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