WILLIAM L. PEEBLES, APPELLANT
SANDRA A. PEEBLES, APPELLEE
DATE OF JUDGMENT: 11/22/2013.
LAMAR COUNTY CHANCERY COURT, HON. RAY HILLMAN MONTGOMERY,
FOR APPELLANT: S. CHRISTOPHER FARRIS.
FOR APPELLEE: ROBERT R. MARSHALL.
BEFORE GRIFFIS, P.J., BARNES, ISHEE AND MAXWELL, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS AND CARLTON, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION. IRVING, P.J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. FAIR, J., NOT PARTICIPATING.
¶1. William Peebles appeals a binding consent judgment he entered into with his ex-wife, Sandra. He wants to back out of paying Sandra $64,686.60 in past-due house-note payments and attorney's fees. While he admitted in the consent judgment he owed Sandra this amount, on appeal he wants to relitigate whether his obligations to Sandra were discharged by his bankruptcy. Though this issue is barred from our review, the law is clear that support obligations are not dischargeable in a chapter 7 bankruptcy.
¶2. Alternatively, William argues that even if the note obligation was not discharged, he should get a dollar-for-dollar credit for all benefits Sandra receives from his Social Security. But William is not entitled to such a credit, since the parties did not agree he would receive one. We thus affirm.
Facts and Procedural History
¶3. On March 22, 2004, William and Sandra were granted an irreconcilable-differences divorce. Instead of asking the court to distribute the property, they entered into a property-settlement agreement. According to the PSA, Sandra would get the marital home, and William would execute a quitclaim deed conveying all of his interest in the home to Sandra. The parties also agreed William " shall be responsible" for the " house note[.]" And William was obligated to pay " taxes and insurance," until either the house sold, or Sandra remarried or died. Each party waived the right to seek alimony or make any claims against the retirement income of the other.
¶4. Sandra claimed William stopped paying on the house note. And on June 30, 2011, she filed a contempt action
against him for his nonpayment. William responded, asserting Sandra had agreed to relieve him of his house-note obligations for a one-year period after he underwent triple-bypass heart surgery. William also argued that the $708 per month Sandra began withdrawing from his Social Security should offset his missed payments on the house note. As William sees it, he should actually get a monthly ...