Halle v. Harper
| Docket Number: | 2003-CA-00488-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-30-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of child support - Testimony of witnesses - Tuition Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 08-22-2002 Appealed from: DeSoto County Chancery Court Judge: Dennis M. Baker Disposition: ORDER MODIFYING FINAL DIVORCE DECREE. Case Number: 97-9-1331 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kenneth H. Halle |
ELIZABETH PAIGE WILLIAMS |
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| Appellee: | Virginia Natoli Halle Harper | NONE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Modification of child support - Testimony of witnesses - Tuition |
| Summary of the Facts: | When Kenneth and Virginia Halle were divorced, the court ordered Kenneth to pay child support and also the children's private school tuition. Kenneth petitioned the court to modify the child support and tuition payments. When the court denied his petition, he petitioned the court to reconsider the matter which the court also denied. Kenneth appeals. |
| Summary of Opinion Analysis: | Issue 1: Testimony of witnesses Kenneth argues that he was not given an opportunity to present witnesses to testify in his favor during the reconsideration hearing. Because he failed to object on the record to the fact that no testimony of witnesses would be given and offers no evidence of what the testimony would have included, this issue is waived. Issue 2: Tuition Kenneth argues that there has been a material change in circumstances and he is therefore unable to pay for his children's private school tuition. Pre-college tuition is part of child support and must be reasonable in light of the parents' income. Whether Kenneth is paying more than 22 percent of his adjusted gross income in child support cannot be determined from the record. The final divorce decree is not included nor is any evidence of Kenneth's income or the children's tuition expenses. Absent any proof of error, there is no error. |
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