Seeley v. Stafford
| Docket Number: | 2002-CA-00126-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-04-2003 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of child support - Property settlement agreement - Statutory guidelines - Section 43-19-101(1) 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: 10-11-2001 Appealed from: DeSoto County Chancery Court Judge: Melvin McClure, Jr. Disposition: PETITION FOR MODIFICATION DENIED; APPELLANT FOUND IN CONTEMPT. Case Number: 94-10-1184 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jeffrey Lee Seeley |
DAVID CLAY VANDERBURG |
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| Appellee: | Ginger Seeley Stafford | KENNETH E. STOCKTON |
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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 - Property settlement agreement - Statutory guidelines - Section 43-19-101(1) |
| Summary of the Facts: | Jeffrey Seeley and Ginger Seeley Stafford obtained an irreconcilable differences divorce. Their property settlement agreement provided that Stafford would have custody of their three children and that Seeley would pay $602 per month in child support. Seeley filed a petition for modification seeking to reduce his monthly child support obligation, and Stafford answered and filed a counterclaim. The court denied the modification, ruled that Seeley was in willful contempt and entered a judgment against Seeley for past due child support in the sum of $36,542.47, together with interest. Seeley appeals. |
| Summary of Opinion Analysis: | Seeley argues that the court erred by failing to follow the child support guidelines. Under section 43-19-101(1), child support for three children is 22% of adjusted gross income. An irreconcilable differences divorce may be granted if the parties provide by written agreement for the custody and maintenance of any children and for the settlement of any property rights between the parties. Seeley voluntarily agreed to pay monthly child support of $602. Such an agreement, voluntarily entered by the parties and approved by the court, is enforceable as though entered by the court following contested proceedings. Because Seeley did not challenge the initial decree on the basis of fraud or overreaching, it must be enforced subject to subsequent modification. A modification can only occur if there has been a material or substantial change in circumstances of one or more of the parties. Seeley voluntarily left his job following the divorce. An obligor who, acting in bad faith, voluntarily worsens his financial position so that he cannot meet his obligations cannot obtain a modification of support. Therefore, there was no material or substantial change in circumstances to justify a reduction in Seeley’s child support obligation. |
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