Zweber v. Zweber
| Docket Number: | 2010-CT-01629-SCT Linked Case(s): 2010-CA-01629-COA ; 2010-CA-01629-COA ; 2010-CT-01629-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-13-2012 Opinion Author: Dickinson, P.J. Holding: Court of Appeals Affirmed in Part, Reversed in Part; Chancery Court Affirmed in Part, Reversed in Part and Remanded. |
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| Additional Case Information: |
Topic: Contempt - College expense clause - Divorce judgment Judge(s) Concurring: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Non Participating Judge(s): King, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 07-30-2010 Appealed from: DeSoto County Chancery Court Judge: Mitchell M. Lundy, Jr. Disposition: HELD TERESA ZWEBER IN CONTEMPT FOR FAILURE TO PAY $5,573.33 IN COLLEGE EXPENSES; AWARDED CHARLES ZWEBER $3,000 IN ATTORNEY’S FEES Case Number: 05-08-1247 |
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| Note: | The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO75735.pdf . | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Teresa De Jesus Zweber |
JERRY WESLEY HISAW |
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| Appellee: | Everett Charles Zweber | ADAM A. PITTMAN |
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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 - College expense clause - Divorce judgment |
| Summary of the Facts: | When Teresa and Charles Zweber divorced, they included a provision in their divorce judgment that addressed college expenses for their two minor children. Their daughter enrolled in Delta State University’s commercial aviation program, which required a number of flight-training courses offered outside the school. The cost of these additional courses alone was $55,000 over four years and was not included in Delta State’s tuition. Charles filed a motion alleging Teresa was in contempt for failure to pay her share of some of the daughter’s college expenses, including flight lessons. The chancellor found Teresa to be in contempt and awarded Charles the sum of $5,573.53, among other things. Teresa appealed, and the Court of Appeals affirmed on all issues, holding that the divorce decree required Teresa to pay for flying lessons as part of the daughter’s college expenses and that the award of attorney’s fees was not an abuse of discretion. The Court of Appeals granted Charles an additional $1,000 in attorney’s fees for the cost of the appeal. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The Court of Appeals – without analysis – deferred to the chancellor’s finding that the college-expense clause included private flight lessons, stating “it does make sense that a student would have to learn to fly before he or she could graduate from the commercial aviation program.” However, the document limits “all costs” to “the average costs of meals, tuition, books and room . . . .” Nothing in the order suggests that costs were intended to include private flying lessons taken prior to or during the daughter’s first year of college. In certain situations, parents may be required to pay for their children’s college educations and the extent of that obligation may go beyond payment for “meals, tuition, books, and room.” However, in this case, the divorce decree included a specific provision addressing specific college expenses. The judgment’s provision for college expenses could not have been more clear: meals, tuition, books, and room would be the extent of the parents’ obligation to provide for the children’s college expenses. Thus, the case is reversed and remanded so the court whether, and to what extent, Teresa is in contempt for remitting payments on the undisputed amounts in the manner she did, rather than paying the full amount when it was due and whether an award of attorney’s fees is appropriate. |
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