Magruder v. Magruder
| Docket Number: | 2003-CA-01890-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-31-2004 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Child support - Section 43-19-101 Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Irving, Myers and Griffis, JJ. Non Participating Judge(s): Barnes, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 07-22-2003 Appealed from: Pearl River County Chancery Court Judge: Johnny Lee Williams Disposition: FINAL JUDGMENT OF DIVORCE Case Number: 02-0021-GN-W |
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| Party Name: | Attorney Name: | |||
| Appellant: | Randall Gerard Magruder |
RICHARD C. FITZPATRICK |
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| Appellee: | Troy Ann Duba Magruder | NATHAN S. FARMER |
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| Topic: | Divorce: Irreconcilable differences - Child support - Section 43-19-101 |
| Summary of the Facts: | Randall Magruder and Troy Ann Magruder were granted a divorce on grounds of irreconcilable differences. Randy was given primary physical custody of the couple's two boys and Troy was awarded primary physical custody of their daughter. The chancellor required Randy to pay $500 per month in child support. Randy appeals. |
| Summary of Opinion Analysis: | Randy argues that the support he is required to pay for his daughter’s benefit exceeds the amount specified by the Child Support Award Guidelines set forth in section 43-19-101. He argues that the chancellor failed to make specific findings concerning the children’s needs or his actual income. Section 43-19-101 provides that the child support guidelines shall be a rebuttable presumption regarding the amount of the award or modification of child support. For one child, the child support guidelines provide that fourteen percent of the non-custodial parent’s adjusted gross income should be awarded for child support. Randy’s annual gross income for 2002 was $65,712.91. Subtracting the legally mandated deductions of $12,861.80 for federal, state and local taxes, and $4,938.58 for Social Security and Medicare contributions, Randy’s annual adjusted gross income for 2002 was $47,912.53. Applying the fourteen percent guideline to Randy’s monthly adjusted gross income of $3,992.71, his monthly child support obligation for one child is $558.98. Randy also argues that the chancellor should have given him a credit or offset for the two children living with him. The statute does not require the chancellor to make an adjustment to gross income for children living with the parent ordered to pay child support but provides only that if the absent parent is also the parent of another child or other children residing with him, then the court may subtract an amount that it deems appropriate to account for the needs of said child or children. Here, the chancellor considered the disparity in income between Randy and Troy. Given the reasonable needs of the three children, as well as the reasonable needs and financial resources of Randy and Troy, the chancellor did not abuse his discretion. |
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