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Gunter v. Gunter

Court of Appeals of Mississippi

April 9, 2019

HENRY H. GUNTER IV APPELLANT
v.
ELIZABETH BEARD GUNTER APPELLEE

          DATE OF JUDGMENT: 10/11/2017

          LOWNDES COUNTY CHANCERY COURT TRIAL JUDGE: HON. DOROTHY WINSTON COLOM

          ATTORNEY FOR APPELLANT: JOSEPH N. STUDDARD

          ATTORNEY FOR APPELLEE: CANDACE COOPER BLALOCK

          BEFORE J. WILSON, P.J., GREENLEE AND McCARTY, JJ.

          GREENLEE, J.

         ¶1. This is an appeal from the Lowndes County Chancery Court. Henry H. Gunter IV asserts that the chancery court erred by ordering Henry to pay 22% of his adjusted gross income in addition to one-half of private-school tuition, daycare, extracurricular expenses, and uninsured medical expenses. We affirm in part and reverse and remand in part.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Henry and Elizabeth were married in 2001. They have three minor children together.

         ¶3. In October 2016, Elizabeth filed for divorce and child support, alleging marital fault against Henry. In September 2017, Elizabeth withdrew the fault grounds and agreed to joint legal custody of the three children with Elizabeth maintaining primary physical custody and Henry having certain visitation rights. They agreed to a division of their personal property and submitted all of the following to the Lowndes County Chancery Court: child support, private-school tuition, extracurricular expenses, and uninsured medical expenses.

         ¶4. The chancery court determined that Henry "will pay twenty two percent (22%) of his adjusted gross income per month in the amount of nine hundred eighteen dollars ($918.00) as child support for the minor children." Furthermore, the court ordered that Henry and Elizabeth "will equally divide the cost of private school tuition, daycare, and extracurricular expenses [of] the minor children" and that "[a]ny medical, dental, orthodontic, pharmaceutical (prescription), vision, and/or optometric bills not covered by insurance will be equally divided by the parties."

         ¶5. Henry appeals the chancery court's judgment, asserting that the chancery court erred by ordering him to pay 22% of his adjusted gross income in addition to one-half of private-school tuition, daycare, extracurricular expenses, and uninsured medical expenses. We affirm in part and reverse and remand in part for further proceedings.

         STANDARD OF REVIEW

         ¶6. "When reviewing a decision of a chancellor, this Court applies a limited abuse of discretion standard of review." Mabus v. Mabus, 890 So.2d 806, 810 (ΒΆ14) (Miss. 2003). "This Court will not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous, or applied ...


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