Forrest v. McCoy
| Docket Number: | 2005-CP-01610-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-07-2006 Opinion Author: Griffis, J. Holding: Reversed and Remanded |
|
| Additional Case Information: |
Topic: Child support - Statutory presumption Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
|
| Trial Court: |
Date of Trial Judgment: 07-25-2005 Appealed from: Hinds County Chancery Court Judge: Stuart Robinson Disposition: CHANCELLOR DENIED MOTION FOR MODIFICATION OF CHILD SUPPORT. Case Number: 134,295 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Diane Forrest |
DIANE FORREST (PRO SE) |
||
| Appellee: | Kendall McCoy | BILL J. BARNETT |
|
|
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: | Child support - Statutory presumption |
| Summary of the Facts: | Diane Forrest brought a petition for child support against Kendall McCoy. McCoy filed a counterclaim for modification of visitation. The chancellor dismissed both claims. Forrest appeals. |
| Summary of Opinion Analysis: | Forrest argues that the chancellor erred in finding no material change in circumstances. The material change in circumstances test has no application where there was never an order of child support. Since McCoy was never ordered by a court to pay child support, the chancellor erred in applying this test. Instead, the chancellor was required to examine the issue as an initial award of child support. The statutory presumption is that the non-custodial parent will provide support and it will be in a specific percentage of gross income. Since Forrest does not appeal the denial of past child support, the chancellor on remand must determine McCoy’s obligation retroactive to the date of filing the petition. The fact that Forrest and McCoy originally agreed otherwise is no defense since parents may not contract away their child’s right to child support. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
