Howell v. Turnage
| Docket Number: | 2009-CA-01509-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-01-2011 Opinion Author: Irving, J. Holding: Reversed, rendered and remanded. |
|
| Additional Case Information: |
Topic: Modification of child support - Child support credit - Restriction on visitation Judge(s) Concurring: Lee, P.J., Myers, P.J., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): King, C.J. Dissenting Author : Carlton, J. Without Separate Written Opinion Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
|
| Trial Court: |
Date of Trial Judgment: 05-01-2009 Appealed from: Lawrence County Chancery Court Judge: Joe Dale Walker Disposition: Modification Granted in Part, Child Support Reduced, and Request for Credit for Child Support Denied Case Number: 2004-0091 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Mitchel Russ Howell |
W. BRADY KELLEMS, CHELI K. DURR |
||
| Appellee: | Betty Lea Howell Turnage | 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. |
|
| Topic: | Modification of child support - Child support credit - Restriction on visitation |
| Summary of the Facts: | Mitchel Howell sought modification of his child-support obligation to his son. Specifically, Mitchel sought reimbursement for child-support payments made on his son’s behalf after the son left his mother’s house and began working full time. The chancellor found that the son was emancipated as of April 2009 and refused to credit Mitchel for child-support payments made after the son left his mother’s home in August 2008. Additionally, the chancery court placed a restriction on Mitchel’s visitation with his teenaged daughter that prohibited overnight visits when non-related third parties of the opposite sex were also spending the night. Mitchel appeals. |
| Summary of Opinion Analysis: | Issue 1: Child support credit Mitchel argues that the evidence at trial shows that his son left his mother’s home and moved in with Mitchel in August 2008 and was fully emancipated in September 2008 and that he is therefore entitled to a credit for the payments made after his son moved in with him and became emancipated. A parent is relieved of the legal duty to support their child once the child is emancipated, by attaining the age of majority or otherwise. In the present case, the testimony is clear that the son had left his mother’s home in August 2008 and had taken full-time employment in September 2008. The chancellor’s election of April 1, 2009 as the date of the son’s emancipation is not supported by the evidence and is manifestly wrong. Mitchel should receive a credit for child support paid on his son’s behalf from August 2008 on. Issue 2: Visitation Absent a finding of actual danger or other substantial detriment to the children, a chancellor may not restrict a non-custodial parent’s visitation. There was absolutely no evidence in the record that overnight visits in the presence of Mitchel’s girlfriend adversely affected his daughter. Therefore, the chancellor abused his discretion in placing a restriction on Mitchel’s visitation. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
