Beasnett, et al. v. Arledge


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Docket Number: 2005-CA-00228-COA
Oral Argument: 03-21-2006
 

 

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Court of Appeals: Opinion Link
Opinion Date: 07-18-2006
Opinion Author: Ishee, J.
Holding: Affirmed as to direct and cross appeal

Additional Case Information: Topic: Contempt - Termination of child support - Section 93-15-103(2) - Section 43-15-17(1) - Interest - Section 75-17-7
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 01-14-2005
Appealed from: Warren Chancery Court
Judge: Kennie Middleton
Disposition: CHANCELLOR ORDERED FATHER TO PAY CHILD SUPPORT ARREARAGE FOR PERIOD PRIOR TO TERMINATION OF PARENTAL RIGHTS, BUT NOT AFTER.
Case Number: 29,629

  Party Name: Attorney Name:  
Appellant: Cynthia Ann Arledge Beasnett and Joy Lynn Arledge




Frank J. Campbell



 

Appellee: Robert Arledge Lee Davis Thames, Jr.  

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Topic: Contempt - Termination of child support - Section 93-15-103(2) - Section 43-15-17(1) - Interest - Section 75-17-7

Summary of the Facts: Cynthia Arledge Beasnett and Joy Arledge filed a petition for contempt and for judgment for child support arrearage, interest, and attorney’s fees against Joy’s father and Beasnett’s ex-husband, Robert Arledge. The chancellor awarded Joy and Beasnett $22,963.75 in child support arrearage, representing the amount he failed to pay from November 1982 through October 1984 plus eight percent interest per annum, plus forty-five cents per day from July 1, 2003 through June 18, 2004. The chancellor did not award child support arrearage after October of 1984, because Arledge’s parental rights were terminated by joint agreement on October 17, 1984. Beasnett and Joy appeal, and Arledge cross-appeals.

Summary of Opinion Analysis: Issue 1: Termination of child support Beasnett and Joy argue that the termination of Arledge’s parental rights in 1984 did not terminate Arledge’s responsibility to pay child support thereafter. As is clear from section 93-15-103(2), the voluntary termination of parental rights completely and utterly extinguishes the parent-child relationship. When the parent-child relationship terminates, not only are the rights of the parent with regard to the child terminated, but the reverse is also true, so long as such termination is not sought simply to evade the obligation to pay child support. In this case, the chancellor who originally granted the termination of Arledge’s parental rights did so only after considering the issue of future child support finding that there would be no obligation on the part of the father to pay child support after the termination of his parental rights. Additional support for the view that termination of parental rights terminates the obligation to pay child support appears in section 43-15-17(1). It is an inherent aspect of voluntary termination of parental rights that, just as the entire parent-child relationship terminates, so too does the responsibility to pay child support, so long as the best interests of the child are preserved. Issue 2: Interest Arledge argues on cross-appeal that he does not owe child support from November 5, 1982 through October 17, 1984, and that the court is not required to use eight percent interest per annum, but rather only a “fair interest rate.” The language of section 75-17-7 statute is fairly deferential to the trial court. Thus, there is no manifest error in the chancellor’s application of eight percent per annum interest on the child support arrearage.


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