Blalack v. Blalack
| Docket Number: | 2005-CA-00860-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-03-2006 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Alimony Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 03-10-2005 Appealed from: Oktibbeha County Chancery Court Judge: Dorothy Colom Disposition: FINAL DIVORCE DECREE ENTERED DIVIDING MARITAL ASSETS AND AWARDING ALIMONY. Case Number: 04-0373 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Billy David Blalack |
JAMES H. ARNOLD |
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| Appellee: | Jane Sproles Blalack | JERRY ASKEW |
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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: | Divorce: Irreconcilable differences - Alimony |
| Summary of the Facts: | Billy Blalack and Jane Blalack were granted a second divorce from each other based on the ground of irreconcilable differences. The chancellor performed an equitable distribution of marital assets and awarded Mrs. Blalack permanent alimony in the amount of $500 per month. Mr. Blalack appeals. |
| Summary of Opinion Analysis: | Mr. Blalack argues that in making the alimony award, the chancellor did not take into account that it was Mrs. Blalack who moved out of the marital home, and that Mrs. Blalack’s arrest caused Mr. Blalack to expend funds on her behalf. However, the chancellor did address the fact that Mr. Blalack refinanced a vehicle in order to financially assist Mrs. Blalack with her legal troubles. Whether Mrs. Blalack actually moved out of the marital home, or whether she was kicked out by Mr. Blalack was contested by the parties. The chancellor’s findings were supported by credible evidence in the record, and she did not abuse her discretion or commit manifest error in awarding alimony. |
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