Dep't of Human Services v. Marshall
| Docket Number: | 2001-CT-01845-SCT Linked Case(s): 2001-CT-01845-SCT ; 2001-CA-01845-COA ; 2001-CA-01845-COA |
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| Supreme Court: | Opinion Link Opinion Date: 11-13-2003 Opinion Author: Waller, J. Holding: Affirmed in Part; Reversed and Remanded in Part |
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| Additional Case Information: |
Topic: Child support - Suspension of payments Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb, Easley and Carlson, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : McRae, P.J. Concurs in Result Only: Graves, J. Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 08-08-2001 Appealed from: Smith County Chancery Court Judge: J. Larry Buffington Disposition: CHANCELLOR ORDERED THAT FUTURE CHILD SUPPORT SHOULD BE SUSPENDED AND SET CHILD SUPPORT ARREARAGE AMOUNT Case Number: 14,305 |
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| Note: | Motion to Strike filed by the Department of Human Services, State of Mississippi, is denied. The Supreme Court found that the chancellor erred in finding the child's conduct was sufficiently clear and extreme to forfeit his right to support from his father. Further the Supreme Court found the Court of Appeals erred in affirming the chancellor's findings and judgment terminating child support obligations. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/OPINIONS/CO7615.PDF . | |
| Party Name: | Attorney Name: | |||
| Appellant: | Department of Human Services, State of Mississippi |
DARRELL BAUGHN
DEBORAH DARDEN KENNEDY |
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| Appellee: | Ronald Marshall | LYNN HUGHES SOREY STANLEY ALEX SOREY |
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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: | Child support - Suspension of payments |
| Summary of the Facts: | The State of Mississippi, by and through the Department of Human Services on May 12, 1993, initiated a Uniform Reciprocal Enforcement and Support Act request that California establish a child support order requiring Ron Marshall to provide medical coverage for his son and pay child support for the child. A California court ordered Ron to pay $622 monthly in child support. In 1999, Ron filed, in the Smith County Chancery Court, a motion for modification of child custody and for modification of child support, along with a petition to reconsider child support. After a psychological evaluation was completed of the child, the chancellor determined that a substantial and material change in circumstances had occurred between Ron and his son and as a result, there had been a breakdown in the relationship between them. Because of this breakdown, the chancellor suspended all visitation and all child support obligations of Ron. The Department of Human Services appealed, and Ron cross-appealed. The Court of Appeals affirmed the chancellor's award of past due child support against the father and termination of the father's future duty to provide child support. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The Department argues that the son has done nothing under the authority of Caldwell v. Caldwell, 579 So. 2d 543 (Miss. 1991), to forfeit his right to child support. In Caldwell, the Court held that a child who has a strained relationship with the non-custodial parent should not be in danger of having his support reduced but could forfeit his support from the non-custodial parent through clear and extreme actions toward that parent. Here, the son’s conduct toward his father does not rise to the level of conduct required to forfeit his support. One bad visit between a son that has seen his father twice after many years apart does not rise to the level of clear and extreme conduct envisioned by Caldwell. The judgments of the Court of Appeals and the chancellor terminating Ronald's child support obligation are reversed. |
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