Hills v. Hills
| Docket Number: | 2006-CP-01989-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-24-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Abatement of child support Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS AND ISHEE, JJ. Dissenting Author : CARLTON, J., with separate written opinion. Dissent Joined By : BARNES AND ROBERTS, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 10-09-2006 Appealed from: Lamar County Chancery Court Judge: Johnny Lee Williams Disposition: JUDGMENT OF MODIFICATION AND ABATEMENT OF CHILD SUPPORT ENTERED Case Number: 1994-0161-GN-W |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CYNTHIA J. HILLS |
CYNTHIA J. HILLS (PRO SE) |
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| Appellee: | PAUL HENRY HILLS | PAUL HENRY HILLS (PRO SE) | ||
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: | Abatement of child support |
| Summary of the Facts: | Cynthia and Paul Hills were granted an irreconcilable differences divorce. Cynthia was awarded custody of the couple’s son, and Paul was ordered to pay $200 per month in child support. Cynthia later filed a motion to modify the child support. The chancellor entered an order modifying the child support from $200 per month to $300 per month. Several years later, Paul filed a motion to terminate child support payments because the couple’s son was emancipated. The chancellor determined that the son was not emancipated but ordered Paul’s child support payments to be abated since the son was not in school and was working full time. Cynthia appeals. |
| Summary of Opinion Analysis: | Cynthia argues that the chancellor erred in abating Paul’s child support payments. The chancellor found that the couple’s son had not been in school for some time; he had been working since leaving school; and he was not living with his mother at the time of trial. Under the circumstances, the chancellor did not err in abating the child support payments. |
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