Ferguson v. Ferguson
| Docket Number: | 2005-CA-01560-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-30-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of custody - Termination of separate maintenance Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 06-22-2005 Appealed from: SUNFLOWER COUNTY CHANCERY COURT Judge: Jane R. Weathersby Disposition: DENIED MOTION FOR RELIEF FROM EARLIER ORDER GRANTING MODIFICATION AND DECLARATORY RELIEF. Case Number: 22,836 |
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| Party Name: | Attorney Name: | |||
| Appellant: | BARBARA A. FERGUSON |
NEYSHA LAROSE SANDERS |
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| Appellee: | ROBERT B. FERGUSON | NICK CRAWFORD |
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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 custody - Termination of separate maintenance |
| Summary of the Facts: | In 1990, Robert Ferguson filed for divorce from Barbara Ferguson in the Sunflower County Chancery Court, based on the ground of habitual, cruel, and inhuman treatment. The court denied the divorce because Robert failed to establish the elements of cruelty but ordered Robert to pay as separate maintenance and child support the sum of $500 per month to Barbara. The parties agreed that custody should be placed with Barbara and that Robert would be entitled to reasonable visitation. In 1995, Robert was granted a decree absolute (of divorce) by the Oxford County Court of Oxfordshire, United Kingdom. In 2003, Robert filed a motion with the chancery court asking that separate maintenance be declared null and void as of the date of the divorce and that he be granted the paramount care, custody, and control of the minor child. When Barbara failed to appear at the hearing, the court ruled that the obligation of Robert to pay separate maintenance terminated as of the date of the decree absolute and that Robert should be granted the custody and control of the minor child. Barbara appeals. |
| Summary of Opinion Analysis: | Barbara argues that the court committed error when it ruled that a material change in circumstances existed after the entry of the judgment in the United Kingdom. Nothing in the record suggests that the chancellor abused her discretion in giving full faith and credit to the foreign divorce decree. Furthermore, a divorce obtained subsequent to a separate maintenance decree is proof of a material change in circumstances sufficient to warrant a modification of amounts awarded in the separate maintenance decree. |
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