Ballard v. Ballard
| Docket Number: | 2001-CA-01566-COA Linked Case(s): 2001-CA-01566-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-04-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of child support - Voluntary reduction of income - Travel expenses - Section 93-5-23 Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Concurs in Result Only: Irving, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 09-07-2001 Appealed from: Webster County Chancery Court Judge: Robert L. Lancaster Disposition: DENIAL OF FATHER'S REQUEST FOR REDUCTION OF CHILD SUPPORT AND REFUSAL TO MODIFY THE COST OF TRAVEL FOR VISITATION Case Number: 97-0005 |
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| Party Name: | Attorney Name: | |||
| Appellant: | John S. Ballard |
GEORGE M. MITCHELL JR. |
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| Appellee: | Cynthia N. Ballard (Schmitz) | FORD ANDREW HOWELL WILLIAM CHARLES CUNNINGHAM |
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| Topic: | Modification of child support - Voluntary reduction of income - Travel expenses - Section 93-5-23 |
| Summary of the Facts: | John and Cynthia Ballard were divorced on the grounds of irreconcilable differences, and Cynthia was awarded custody of the couple’s child. John committed to pay $150 per week in child support and to reimburse Cynthia for medical insurance premium costs. John subsequently filed a motion to modify the chancellor's order. The chancellor ordered some, but not all, of the modifications relating to visitation but declined to modify the child support order. John appeals. |
| Summary of Opinion Analysis: | Issue 1: Child support John argues that the court erred in denying his request to reduce the child support amount. John had the burden of demonstrating that there has been a material change in circumstance not anticipated at the time of the original judgment. This burden is not met by a showing of reduced income when that income was voluntarily chosen. Here, the evidence shows that John voluntarily left his old employment, and there is no evidence of what his allegedly reduced pay would be nor any plausible explanation as to why he could not return to similar duties at the same compensation level at some other place of employment. If an obligor, acting in bad faith, voluntarily worsens his financial position so that he cannot meet his obligations, he cannot obtain a modification of support. John’s decision to decline to pursue other means of earning income in order to meet the obligation to his child he voluntarily assumed at the time of divorce requires affirmance of the chancellor’s decision. Issue 2: Travel expenses John argues that the court erred in refusing his request that Cynthia be required to share his travel costs associated with exercising his right of child visitation since she voluntarily relocated herself and the child. Pursuant to section 93-5-23, provisions relating to child support, custody, and visitation remain subject to the chancellor’s authority to modify in the best interest of the child at any time upon a showing of changed circumstances. The fact that a monetary contribution by the custodial parent would diminish funds available to that parent to provide for the child’s needs supports the chancellor’s decision on this issue. |
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