Estate of Crayton v. Burley
| Docket Number: | 2005-CA-01126-COA Linked Case(s): 2005-CA-01126-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-19-2006 Opinion Author: Southwick, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of child support - Educational expenses Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., 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: 04-14-2005 Appealed from: Alcorn County Chancery Court Judge: Talmadge Littlejohn Disposition: MOTION TO REDUCE CHILD SUPPORT DENIED, CROSS MOTION TO INCREASE CHILD SUPPORT GRANTED Case Number: 97-0134-02L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Lynda Crayton, Administratrix of the Estate of James H. Crayton, Deceased |
RANDOLPH WALKER |
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| Appellee: | Valerie M. Burley and Jessica H. Crayton | DANIEL KEITH TUCKER |
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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: | Modification of child support - Educational expenses |
| Summary of the Facts: | By court order in 1997, James Crayton was required to make monthly child support payments in the amount of $208 for his daughter. In 2004, Crayton filed a motion to modify the amount of support. His and her mother filed a counterclaim seeking an increase in support. The chancellor changed the monthly support obligation from $208 per month to $211.40 per month. The chancellor also ordered Crayton to pay his daughter’s school expenses in the amount of $11,246.50. Crayton appeals. |
| Summary of Opinion Analysis: | Crayton argues that his daughter and her mother did not meet their burden of proof for an increase in Crayton’s support obligation, because there was no proof that he was able to pay any additional money in light of his illness and reduced income. A party seeking modification of child support must show a material change in the circumstances that justify the modification. Crayton argues that the chancellor’s ruling was procedurally defective because there were no detailed findings on the modification factors. However, there is no requirement that a chancellor itemize findings on factors to modify child support. The chancellor considered the relevant factors in deciding to increase monthly child support, though only by the de minimis amount of three dollars. The substantial change was in requiring a contribution towards his daughter’s college expenses. Crayton also argues that he was not properly credited for the Social Security benefits that his daughter received as a result of his disability. Credit on a child support obligation should occur where the child is paid Social Security benefits due to the paying parent’s disability or retirement. The $3,665 Social Security benefits did not nearly equal the amount of support that would have resulted from applying the guideline percentage to all Clayton’s income. With regard to the educational expenses, Crayton argues that his daughter did not meet her burden in proving her aptitude to attend college. The daughter did not have to demonstrate that she had the aptitude to be the best college student, but she did prove that she had the ability to complete her higher education successfully. The evidence offered was sufficient to show her aptitude. |
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