Holliday v. Stockman


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Docket Number: 2006-CA-01493-COA
Linked Case(s): 2006-CA-01493-SCT

Court of Appeals: Opinion Link
Opinion Date: 11-13-2007
Opinion Author: MYERS, P.J.
Holding: Affirmed

Additional Case Information: Topic: Child support - Amount of arrearage - Supervised visitation - Section 93-5-24
Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - DOMESTIC RELATIONS

Trial Court: Date of Trial Judgment: 07-31-2006
Appealed from: LOWNDES COUNTY CHANCERY COURT
Judge: Dorothy W. Colom
Disposition: DEFENDANT ORDERED TO PAY CURRENT CHILD SUPPORT AND $100 TOWARD ARREARAGE THROUGH THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES, WITH 8% INTEREST PER ANNUM UNTIL PAID IN FULL. DEFENDANT ALSO ORDERED TO PAY $2,625 WITH INTEREST AT 8% PER ANNUM AND $500 IN ATTORNEY’S FEES.
Case Number: 2000-0762-C

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: TRACEY HOLLIDAY




GAY GOODWIN



 

Appellee: CHRISTOPHER THURMAN STOCKMAN CHRISTOPHER THURMAN STOCKMAN (PRO SE)  

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Topic: Child support - Amount of arrearage - Supervised visitation - Section 93-5-24

Summary of the Facts: Tracey Holliday and Christopher Stockman are the parents of a minor child, C.M.S., who was conceived out of wedlock. In 2001, a final decree awarding custody of C.M.S. was entered granting custody to Holliday. The decree also ordered Stockman to pay child support totaling $249 per month, along with setting visitation for Stockman. In 2003, Holliday received a modified support order directing Stockman to pay an additional $105 per month for insurance, and ordered Stockman to pay half of daycare expenses and half of any extracurricular expenses. The decree further set medical arrears at $209.89, child support arrears at $747, and awarded Holliday $732 in court costs. Holliday filed action in 2006, seeking to have Stockman held in contempt. Stockman answered the action and attached a stipulated agreement he signed with the Mississippi Department of Human Services. The chancellor declined to find Stockman in contempt since he worked to resolve the child support issue with DHS and made a good faith lump sum payment of $1,246 in furtherance of the stipulated agreement between himself and DHS. The chancellor also ruled that Stockman had additionally contributed a total of $1,600 in child support payments to Holliday. The chancellor held that visitation exchanges were to occur at the Lowndes County Sheriff’s Office, the Court’s prior visitation order was continued with Stockman receiving an additional three consecutive weeks, Stockman was not required to participate in additional anger management classes, Holliday was awarded $1,387 in past-due child support with interest, and Holliday was additionally awarded $2,625 with interest for unpaid medical insurance and $500 in attorneys’ fees. Holliday appeals.

Summary of Opinion Analysis: Issue 1: Amount of arrearage The chancellor found both the mother and child lived with Stockman from September 2004 until June 2005. Holliday argues that she did not live with Stockman but maintained a separate home and as such, Stockman should not be given credit for the time she and the child stayed in his home. A father may receive credit for having paid child support where, in fact, he paid the support directly to or for the benefit of the child, where to hold otherwise would unjustly enrich the mother. Stockman presented evidence to the court consisting of corroborating testimony from his former roommate with regard to whether the child and Holliday resided there during the period in question. Therefore, the chancellor properly granted credit for the period. Issue 2: Supervised visitation Section 93-5-24 allows a chancellor discretion in determining appropriate precautions. The chancellor put into place appropriate precautions requiring that visitation exchanges take place at the Lowndes County Sheriff’s Department to prevent future outbursts by Stockman. Based on the record, the chancellor did not abuse her discretion in failing to restrict Stockman to supervised visitation with the child.


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