CourtListener 2742787•Jennifer Massey v. Stephen Massey
Full text
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2013-CA-00471-COA
JENNIFER MASSEY APPELLANT
v.
STEPHEN MASSEY APPELLEE
DATE OF JUDGMENT: 09/26/2012
TRIAL JUDGE: HON. M. RONALD DOLEAC
COURT FROM WHICH APPEALED: LAMAR COUNTY CHANCERY COURT
ATTORNEY FOR APPELLANT: ELIZABETH P. TODD
ATTORNEY FOR APPELLEE: JONATHAN MICHAEL FARRIS
NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS
TRIAL COURT DISPOSITION: AWARDED $2,717 PER MONTH IN CHILD
SUPPORT AND NO ALIMONY
DISPOSITION: AFFIRMED – 09/30/2014
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE IRVING, P.J., MAXWELL AND JAMES, JJ.
IRVING, P.J., FOR THE COURT:
¶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, 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 attorney’s fees, all other issues
presented in the July 21, 2011 consent to divorce remained unresolved as well.
¶5. On September 27, 2012, the court entered its opinion and final judgment on the issues
2
of division of marital assets and debts, custody, visitation, medical expenses, and child
support. In its judgment, the chancery court awarded Stephen and Jennifer joint legal
custody of all three children and joint physical custody of Kayla pursuant to the parties’
agreement. The court also awarded Jennifer primary physical custody of Brandt and Brendan
and ordered Stephen to pay monthly child support to Jennifer in the amount of $2,717 for
Brandt and Brendan. The court declined to order any support for Kayla. The parties were
ordered to divide equally any uncovered medical expenses and extracurricular expenses for
the children. Further, Stephen was ordered to pay for Brendan and Kayla’s auto insurance;
Jennifer would pay for Brandt’s. The court also ordered Jennifer to pay twenty-five percent
of the children’s college expenses and ordered Stephen to pay the remainder. As stated, the
court did not award any alimony to Jennifer.
DISCUSSION AND ANALYSIS OF ISSUES PRESENTED
¶6. Jennifer argues that the chancery court erred in setting the child support in an amount
that was less than twenty percent of Stephen’s adjusted gross income. However, the record
reflects that Jennifer did not raise this specific objection during trial or in her post-trial
motion to alter or amend the judgment, which the chancery court denied. The Mississippi
Supreme Court has stated: “It is well settled that [an appellate court] will not address issues
raised for the first time on appeal.” Smith v. Franklin Custodian Funds Inc., 726 So. 2d 144,
147 (¶12) (Miss. 1998). Therefore, this issue is procedurally barred.
¶7. Jennifer also argues that the chancery court erred in failing to award her alimony. She
maintains that because she spent her time rearing the children, maintaining the house, and
managing Stephen’s business, she has no income to live off of since she will no longer be
3
able to work at Stephen’s clinic. Jennifer explains that she has a degree in nutrition and food
chemistry and at one time was a certified dietician in Canada. However, she is no longer
certified in Canada, and to become a certified dietician in the United States would require her
to take classes. Furthermore, she claims she cannot afford to go back to school or start her
own business. Jennifer asserts that the rental properties that she received as a part of the
distribution of the marital estate do not generate income. She claims that, at best, she breaks
even, as the monthly mortgage on the rental properties absorbs all of the rental income.
Finally, Jennifer asserts that Stephen dissipated assets by settling a $30,000 sexual-
harassment lawsuit against him. Jennifer argues that, although she was frugal, she lived a
comfortable lifestyle, and now she will have to adjust to a “drastically different one.”
¶8. Alimony should be considered if one spouse is left with a deficit after the equitable
division of the marital assets. Lauro v. Lauro, 847 So. 2d 843, 848 (¶13) (Miss. 2003). An
appellate court’s “scope of review in domestic[-]relations matters is limited by our familiar
substantial evidence/manifest error rule.” Jones v. Jones, 995 So. 2d 706, 712 (¶19) (Miss.
2008) (quoting Clark v. Clark, 754 So. 2d 450, 458 (¶48) (Miss. 1999)). “The equitable
distribution of marital assets is committed to the discretion of the chancellor, whose findings
will not be disturbed by [an appellate court] unless the chancellor was manifestly wrong,
clearly erroneous or an erroneous legal standard was applied.” Id. (quoting Arthur v. Arthur,
691 So. 2d 997, 1003 (Miss. 1997)).
¶9. Here, the court allocated the marital assets so that Jennifer received $720,613.53 in
total equity, and Stephen received $798,940.17 in total equity. To offset Stephen’s excess,
the chancery court ordered Stephen to pay Jennifer $39,163.32, resulting in each party
4
receiving an equal share of the marital estate.
¶10. Jennifer does not offer any authority for the proposition that the amount of money
used to settle the sexual-harassment claim constitutes a dissipation of marital assets.
Furthermore, the chancery court did not attribute any dissipation to either party. The debt
Jennifer refers to is for the rental properties that she was given as a part of the marital
distribution. The court noted that there was no debt on the marital home that Jennifer was
given, but that there was significant debt on their business holdings, which he allocated to
Stephen during the distribution of the property. While Jennifer argues that she is unable to
take the necessary courses to become a certified dietician, the chancery court apparently was
not persuaded, as the court noted that Jennifer appeared to possess the skills necessary to
succeed on her own. It further recognized that her income would not likely come close to
Stephen’s, but pointed out that because of the substantial marital estate, each party would
have some degree of security going forward. We agree.
¶11. In light of the fact that the chancellor essentially split the marital estate equally and
because Jennifer does not suffer from a deficit, we cannot find that the chancery court abused
its discretion in denying her an award of alimony. Accordingly, we affirm.
¶12. THE JUDGMENT OF THE LAMAR COUNTY CHANCERY COURT IS
AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE
APPELLANT.
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.
5
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.