Lee v. Reed
| Docket Number: | 2002-CA-00262-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-07-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of child support - Supplemental security income benefits Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Myers and Griffis, JJ. Dissenting Author : Irving, J. Dissent Joined By : King, P.J., Bridges, Thomas and Chandler, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 01-18-2002 Appealed from: Leflore County Chancery Court Judge: Jon M. Barnwell Disposition: CHILD SUPPORT AWARDED TO EVELYN LEE BASED ON SSI BENEFITS OF JIMMY LEE. Case Number: 25,649 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jimmy Harrison Lee |
CALLESTYNE HALL CRAWFORD |
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| Appellee: | Evelyn Joyce Lee (Reed) | BOYD P. ATKINSON |
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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 - Supplemental security income benefits |
| Summary of the Facts: | When Jimmy Lee and Evelyn Lee were divorced, Evelyn was granted custody of the couple’s child. The court deferred the issue of child support and alimony, due to the lack of information concerning Jimmy's employment and income. After Jimmy was found to be disabled, Evelyn filed a petition for modification, requesting child support. The chancellor set child support at $65 per month, with $10 a month added for arrearage, for a total of $75 due per month. Jimmy appeals. |
| Summary of Opinion Analysis: | Jimmy argues that the chancellor erred in awarding child support based on Jimmy's sole source of income, his Supplemental Security Income benefits, and that federal law preempts any Mississippi law which imposes a child support obligation on Jimmy's SSI benefits. A majority of states exempt SSI benefits from inclusion in calculating gross income for child support purposes. Here, the chancellor did not award child support based solely on Jimmy's SSI benefits but considered other evidence that Jimmy was not as destitute or incapacitated as he claimed. Since the chancellor did not base the amount of child support solely on Jimmy's SSI benefits, Jimmy's remaining issue of whether federal law preempts any Mississippi law imposing a child support obligation on SSI benefits will not be addressed. |
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