Leiden v. Leiden
| Docket Number: | 2003-CA-00024-COA Linked Case(s): 2003-CT-00024-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-31-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of child support - Decrease in income Judge(s) Concurring: King, C.J., Lee, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Barnes, J. Dissenting Author : Irving, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 12-05-2002 Appealed from: Scott County Chancery Court Judge: Jerry Mason Disposition: DENIED MATTHEW'S REQUEST FOR A MODIFICATION OF CHILD SUPPORT AND AWARDED JUDGMENT IN FAVOR OF KELLY AS TO UNPAID CHILD SUPPORT. Case Number: 2002-145 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Matthew Alan Leiden |
PHILIP DAVID BRIDGES |
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| Appellee: | Kelly Jeanne Walsh Leiden | PAT DONALD |
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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 - Decrease in income |
| Summary of the Facts: | Matthew Leiden filed a request for modification of child support, and his ex-wife Kelly responded and filed a counter suit for non-payment of child support and alimony. The court denied Matthew's motion and entered judgment in Kelly's favor for the unpaid alimony. Matthew appeals. |
| Summary of Opinion Analysis: | Matthew argues that the court erred in denying his claim for modification of child support, because he is forced to pay the higher percentages under Florida law and to pay support for the oldest child that according to Matthew should already be emancipated under Florida law and his salary is now less. A husband may not petition for modification of the original decree without a showing either that he has performed it or that his performance has been wholly impossible. Matthew testified that he was behind in his child support payments in the amount of $14,762.93. Not only did Matthew fail to provide evidence that his performance has been wholly impossible, but evidence at trial showed that Matthew voluntarily terminated his employment with the Navy and that he had planned to take an early retirement even before his divorce from Kelly. Therefore, his alleged decrease in income does not make him eligible for a modification of child support. The matter of alleged emancipation of one of the children was never before the trial court for decision and is now procedurally barred. |
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