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Collins v. Collins

Court of Appeals of Mississippi

February 25, 2014

ARTHUR K. COLLINS, APPELLANT
v.
MYRA HELEN COLLINS, APPELLEE

COURT FROM WHICH APPEALED: RANKIN COUNTY CHANCERY COURT. DATE OF JUDGMENT: 03/08/2012. TRIAL JUDGE: HON. DAN H. FAIRLY. TRIAL COURT SEPARATE-MAINTENANCE PAYMENT MODIFIED AND ATTORNEY'S FEES AWARDED.

FOR APPELLANT: JEANINE M. CARAFELLO, M. JUDITH BARNETT.

FOR APPELLEE: J. EDWARD RAINER.

BEFORE GRIFFIS, P.J., ISHEE AND CARLTON, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 1067

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

GRIFFIS, P.J.

¶1. Arthur Collins appeals the modification of his separate-maintenance payments. Arthur argues that the chancellor erred when he increased his monthly payments and awarded attorney's fees. We find no error and affirm.

FACTS

¶2. Arthur and Myra Helen Collins were married on August 12, 1967. One son was born during their marriage; he is now an adult. Myra is twelve years older than Arthur.

¶3. Arthur and Myra separated in March 1998, while living in Rankin County, Mississippi. Arthur began living with another woman.

¶4. In 1998, Myra filed a complaint for separate maintenance. Arthur filed a counterclaim for divorce on the ground of habitual cruel and inhuman treatment. In 2001, the chancellor entered an order granting Myra separate maintenance and denying Arthur's counterclaim for divorce. Myra was awarded monthly separate maintenance in the amount of $1,250. Arthur was ordered to pay the $420 monthly mortgage payment on the house, pay Myra's monthly health-insurance premium, and maintain a $25,000 life-insurance policy for her benefit. Myra was also awarded the use and possession of the home and automobile, and the furniture, appliances, and other items of personal property located at the home. When the order was entered, Myra received a monthly Social Security benefit of $142.

¶5. On December 29, 2010, Myra filed a petition for modification of the separate-maintenance order. Myra asked the court to increase the monthly separate-maintenance payment, award attorney's fees, and make other modifications.

¶6. bye order entered on May 8, 2012, the chancellor modified the separate-maintenance order and granted the following relief: the monthly separate-maintenance award to Myra from Arthur was increased to $2,250 per month (beginning April 1, 2012); Arthur was ordered to pay Myra's Medicare supplemental health-insurance premium of $182 per month; Myra was awarded a judgment against Arthur in the sum of $1,546 for arrearage for the ...


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