Allen v. Allen
| Docket Number: | 2006-CA-00376-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-27-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of child support - Visitation - Timeliness of cross-appeal - M.R.A.P. 4© Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 01-27-2006 Appealed from: Coahoma County Chancery Court Judge: William Willard Disposition: MOTION TO MODIFY CHILD SUPPORT OBLIGATION DENIED. Case Number: 2003-183 |
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| Party Name: | Attorney Name: | |||
| Appellant: | COLEMAN MADDOX ALLEN, III |
CHARLES E. WEBSTER |
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| Appellee: | LESLEY MELTON ALLEN | JAMES MCCLURE |
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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 child support - Visitation - Timeliness of cross-appeal - M.R.A.P. 4© |
| Summary of the Facts: | Coleman Allen, III, petitioned the court for an increase in the amount of visitation he enjoyed with his minor son, and a reduction in the amount of child support he was required to pay in the event the court granted his request for increased visitation. The court granted his request for increased visitation, but denied his request for a lowered child support obligation. Allen appeals. Lesley Allen, the child’s mother, cross-appeals. |
| Summary of Opinion Analysis: | Issue 1: Modification of child support A modification of child support is appropriate only if it shown that there has been a substantial or material change in circumstances of the mother, the father or the child or children since the decree sought to be modified. During the hearing on his motions Allen presented virtually no evidence pertaining to the factors to be considered in making a determination that a material change in circumstances has occurred, other than the change in visitation. A change in the parties’ visitation schedule alone is not enough for a finding that the chancellor abused his discretion or was manifestly wrong in his decision to deny Allen’s request for a reduction in child support. Issue 2: Visitation Lesley argues on cross-appeal that the chancellor abused his discretion in granting Allen expanded visitation. Because her cross-appeal is untimely under M.R.A.P. 4(c), her claim is barred. |
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