Lawton v. Lawton
| Docket Number: | 2003-CA-01651-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-16-2004 Opinion Author: Chandler, J. |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Alimony - Attorney’s fees Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 06-23-2003 Appealed from: Harrison County Chancery Court Judge: Jim Persons Disposition: HUSBAND TO PAY $500/MONTH IN PERIODIC ALIMONY AND $350/MONTH IN REHABILITATIVE ALIMONY. HUSBAND TO PAY WIFE’S ATTORNEY’S FEES. Case Number: 02-02303 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Melvin Lawton |
LAQUETTA MARIA GOLDEN |
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| Appellee: | Shirley Ann Lawton | PRO SE |
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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 - Attorney’s fees |
| Summary of the Facts: | Melvin Lawton and Shirley Ann Lawton were granted a divorce on the grounds of irreconcilable differences. Melvin was ordered to pay $500 per month in periodic alimony, and an additional $350 per month in rehabilitative alimony for a period of twenty-four months. He was also ordered to pay Shirley’s attorney’s fees in the amount of $2,500. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Alimony Melvin argues that he should not be required to pay alimony because Shirley’s bingo spendings of $240 per month, together with her spending on cigarettes of $100 per month, is evidence of wasteful dissipation of assets. In granting an award of alimony, the chancellor is to consider the reasonable needs of Shirley together with Melvin’s right to lead a normal life with a decent standard of living. Here, the alimony Melvin was ordered to pay meets only the reasonable needs of Shirley and barely allows her to pay her living expenses. There is no evidence that she is living extravagantly or wasting the alimony checks. Melvin also argues he is not required to pay alimony because Shirley did not prove to be a loving and devoted wife. Even though the court did not properly consider fault as a factor in awarding alimony, the only grounds of fault raised are Shirley’s bingo and smoking habits, and her failure to contribute to the marriage. There is no evidence of any other marital misconduct by either party. An award of alimony is appropriate to prevent a wife from becoming destitute. To deny alimony or reduce the current award would render Shirley destitute. Issue 2: Attorney’s fees Melvin argues that Shirley has failed to establish her inability to pay her legal bills. Shirley testified that she had no bank account or savings account at the time of the divorce; she has no family who could provide her with financial support; she had depended on Melvin for financial support throughout the marriage; and her monthly income barely meets her stated monthly expenses even with the monthly alimony payments. Therefore, she has established her inability to pay her own attorney. |
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