McCardle v. McCardle
| Docket Number: | 2002-CA-00608-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-13-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contempt - Collection of alimony from estate Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 12-31-2001 Appealed from: Pearl River County Chancery Court Judge: Sebe Dale, Jr. Disposition: PETITION TO CITE FOR CONTEMPT GRANTED. PETITION FOR MODIFICATION GRANTED. Case Number: 97-0478GN-D |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rocky Sheldon McCardle |
RENEE M. PORTER |
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| Appellee: | Mary Sylvest McCardle | ROBERT R. MARSHALL |
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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: | Contempt - Collection of alimony from estate |
| Summary of the Facts: | Rocky and Mary McCardle agreed to an irreconcilable differences divorce and the chancellor awarded Mary $24,000 for her share of the equity in the marital home, monthly alimony of $350 until Mary received funds representing her share of the marital residence, $26,000 from Rocky’s retirement account, and ordered Rocky to maintain Mary’s medical insurance to the maximum extent allowed by COBRA. Rocky filed a motion to reconsider which the court denied. Two months later, Mary filed a petition for contempt asserting that Rocky had failed to pay the monthly alimony or maintain medical insurance. The chancellor awarded Mary unpaid alimony in the amount of $3,150, unpaid insurance (COBRA) premiums in the amount of $6,732, and attorney's fees in the amount of $750. The chancellor also ordered Mary to pay Rocky child support in the amount of $100 a month. Shortly after filing his notice of appeal, Rocky was killed in an automobile accident. |
| Summary of Opinion Analysis: | Issue 1: Contempt A failure to make ordered alimony and support payments is punishable by contempt. A party may exonerate the contempt citation on proven grounds of inability to pay. Rocky testified that he could not make the required payments because he was injured, living on workers' compensation benefits and unable to work. However, he admitted that he had $16,000 in savings and $35,000 in his IRA account and that he had the ability to pay Mary but offered no reason why he could not pay. Because Rocky’s own testimony refuted his defense of inability to pay, the chancellor did not err in finding Rocky to be in contempt. Issue 2: Collection from estate Periodic alimony becomes fixed and vested on the date in which the payment is due and unpaid. Therefore, past due and unpaid domestic obligations may be collected as charges against the estate of the deceased spouse. While Mary may collect the judgments entered against Rocky for contempt from his estate, the estate is not liable for any alimony or insurance payments which have yet to become due. |
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