OF JUDGMENT: 10/28/2014
COUNTY CHANCERY COURT HON. G. CHARLES BORDIS IV TRIAL JUDGE
ATTORNEY FOR APPELLANT: WENDY WALKER BORRIES
ATTORNEY FOR APPELLEE: DAVID C. FRAZIER
GRIFFIS, P.J., BARNES, FAIR AND WILSON, JJ.
Allen Davis and Deveaux Carter, married on September 22,
1984, were divorced on February 18, 1993, on grounds of
irreconcilable differences and with all issues resolved in an
agreement for custody, support, and property settlement.
By their agreement, approved by the court as "fair,
equitable, adequate and sufficient, " Deveaux received
custody of the parties' two minor children: Annie,
born in 1986, and Amy, born in 1991. Allen was ordered to pay
child support, medical expenses, extracurricular activity
fees, college expenses, and medical insurance.
Five years later, in February 1998, they returned to court
and, by agreed order, monthly support was set at $400 and a
judgment for $22, 544.81 was entered for an arrearage of
Allen's financial obligations under the original divorce
judgment. Allen was ordered to pay no less than $800 per
month toward the judgment, together with interest on the
judgment and any other future arrearages at 8% per annum. At
a scheduled review on April 17, 1998, the arrearage judgment
was amended to $23, 182.66, and $500 in attorney's fees
was ordered to be paid by Allen to Deveaux. An order for
Allen to be incarcerated was suspended provided he paid $4,
000 on or before June 17, 1998. The required monthly payment
toward the arrearage was reduced from $800 to $400.
Fifteen years later, shortly after their last child became
emancipated, on February 25, 2013, Deveaux filed for contempt
against Allen for a second time, alleging an arrearage of
$23, 682.66, accrued interest of $35, 599.55, an arrearage of
$66, 390 for Annie's college expenses and $22, 274.55 for
Amy's college expenses, medical expenses of $8, 588.13
for Annie and $5, 115.72 for Amy, half of the cost of the
vehicles for each child, attorney's fees, and costs of
The trial began on October 14, 2014, with the parties
stipulating Amy's college costs to be $30, 000 and
Allen's obligation for medical expenses for both children
to be $10, 000.
The court determined the remainder of Allen's financial
obligations under prior orders of the court to be $201,
187.66. Allen was given credit for direct payments
to the children as well as amounts given both to Deveaux and
the children (even after their emancipation) and the payments
from his mother, Isabella Mann. The amount totaled $197, 911,
leaving an arrearage of $3, 276.66, for which a judgment was
rendered in favor of Deveaux. Allen was also taxed with $7,
500 in attorney's fees and costs by the chancellor.
Deveaux appeals, arguing she is entitled to more than awarded
her by the chancellor. She objects to credit having been
allowed to Allen for direct payments to the children both by
him and Mann, some of which were post-emancipation.
Allen cross-appeals, arguing that though adjudicated to be in
contempt, he was determined by the chancellor not to be in
"willful and intentional" contempt and thus not
obligated to pay fees to ...