Henley v. Jones
| Docket Number: | 2002-CA-01859-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-17-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Child custody - Child support Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, 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: 10-16-2002 Appealed from: Monroe County Chancery Court Judge: Jacqueline Mask Disposition: PETITION TO MODIFY CUSTODY GRANTED. Case Number: 2000-367 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Monica R. (Jones) Henley |
J. TYSON GRAHAM |
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| Appellee: | Brian Kendall Jones | C. MICHAEL MALSKI |
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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: | Child custody - Child support |
| Summary of the Facts: | When Monica Henley and Brian Jones divorced in 2000, they entered into a consent decree which provided that they would share actual joint physical custody of their two children, with the children living with one parent for seven days and the other for seven days. This arrangement lasted until Monica remarried and moved to Alabama, and Monica then filed for a modification of custody. The court found that Brian should have custody based on the home, school and community record of the children. Monica will have the children 152 days of the 365 days of the year or approximately 42% of the time. Monica was also ordered to pay child support of 20% of her adjusted gross income each month, amounting to $650 per month. She appeals. |
| Summary of Opinion Analysis: | Monica argues that the court erred in requiring her to pay continuous child support of 20% of her income when she will have the children 42% of the year. On appeal, the findings of fact made by a chancellor supported by credible evidence and not manifestly wrong will not be disturbed. Applying that standard of review, the chancellor did not abuse her discretion in the award of child support. |
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