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Massey v. Massey

Court of Appeals of Mississippi

September 30, 2014

JENNIFER MASSEY APPELLANT
v.
STEPHEN MASSEY APPELLEE

COURT FROM WHICH APPEALED: LAMAR COUNTY CHANCERY COURT. DATE OF JUDGMENT: 09/26/2012. TRIAL JUDGE: HON. M. RONALD DOLEAC. TRIAL COURT DISPOSITION: AWARDED $2,717 PER MONTH IN CHILD SUPPORT AND NO ALIMONY.

ATTORNEY FOR APPELLANT: ELIZABETH P. TODD.

FOR APPELLEE: JONATHAN MICHAEL FARRIS.

BEFORE IRVING, P.J., MAXWELL AND JAMES, JJ. LEE, C.J., GRIFFIS, P.J., ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION. FAIR, J., NOT PARTICIPATING.

OPINION

Page 36

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

IRVING, P.J.

¶1. Stephen and Jennifer Massey were granted a divorce on the ground of irreconcilable differences by the Lamar County Chancery Court. The chancery court awarded Stephen and Jennifer joint legal and physical custody of their oldest child, and joint legal custody of their two youngest children; and the chancery court awarded primary physical custody of the two youngest children to Jennifer. The court also awarded Jennifer child support for the two youngest children but declined to award child support for the oldest child, who would turn twenty-one years old within six months of the date of the judgment. However, the chancery court did not award Jennifer any alimony. Jennifer now appeals, contending that the trial court erred in the amount of child support that it awarded and in its failure to award her any alimony.

¶2. Finding no reversible error, we affirm.

FACTS

¶3. Jennifer and Stephen were married on October 1, 1988. They lived in Canada but moved to Hattiesburg, Mississippi, in 1998, so that Stephen, a physician, could pursue his medical profession. Eventually,

Page 37

Stephen opened his own clinic, which Jennifer helped manage. Three children were born to the marriage: Kayla, born March 31, 1992; Brandt, born September 7, 1993; and Brendan, born April 25, 1997. The parties separated on January 1, 2011. On April 8, 2011, the parties filed a joint complaint for divorce on the ground of irreconcilable differences. However, they did not attach an agreement for the custody and support of their minor children and the settlement of property rights between them. On July 21, 2011, they consented to a divorce on the ground of irreconcilable differences but reserved certain issues for decision by the court if they were unable to resolve them.

¶4. A trial was held on November 22, 2011, and June 6, 2012. At the commencement of the trial, the parties announced that they had agreed that: (1) they would share joint legal and physical custody of Kayla and Brandt, and (2) they also would share joint legal custody of Brendan, but the issue of Brendan's physical custody remained unresolved, as well as the issue of support for all three children. With the exception of ...


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