Edmond v. Townes
| Docket Number: | 2006-CP-00188-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-06-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Child support - Medical bills Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES AND ISHEE, 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: 01-19-2005 Appealed from: LEFLORE COUNTY CHANCERY COURT Judge: Jon M. Barnwell Disposition: ENTERED AN AMENDED ORDER CLARIFYING ISSUES OF CHILD SUPPORT THAT HAD BEEN ENTERED INTO UPON AGREEMENT OF THE PARTIES. Case Number: G04-0160 |
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| Party Name: | Attorney Name: | |||
| Appellant: | ROY L. EDMOND |
ROY L. EDMOND (PRO SE) |
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| Appellee: | CASSANDRA V. TOWNES | TERRY T. JAMES |
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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 - Medical bills |
| Summary of the Facts: | Roy Edmond and Cassandra Townes had a child, Ryan Edmond. Roy filed a complaint requesting a paternity test and, if the paternity test indicated that Roy was Ryan’s father, Roy requested custody of Ryan. If the chancery court did not grant Roy custody of Ryan, Roy requested visitation with Ryan. Cassandra filed a counterclaim and requested custody of Ryan and child support. The court found that, according to the paternity test, Roy was Ryan’s biological father. The chancellor granted custody of Ryan to Cassandra and ordered Roy to pay child support. Additionally, the chancellor ordered Roy and Cassandra to equally split any of Ryan’s medical expenses. Roy appeals. |
| Summary of Opinion Analysis: | Issue 1: Child support Roy argues that the court erred in failing to hold that a 100% disabled veteran benefits were not subjected to garnishment for paying court order child support and alimony. There is no indication in the record that Roy’s benefits are being garnished. Therefore, this argument is without merit. Issue 2: Medical bills Roy argues that the chancellor erred in ordering Roy and Cassandra to each pay one-half of Ryan’s medical expenses not covered by Medicaid and that the chancellor erred by declining to order that CHAMPVA insurance cover Roy’s half of any of Ryan’s medical bills not covered by Medicaid. While it certainly seems reasonable to allow any secondary coverage on Ryan to compensate any medical bills not covered by Medicaid, without some demonstration in the record that Ryan is even entitled to such coverage, the chancellor did not err when he declined to order such coverage. |
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