Hopson v. Hopson
| Docket Number: | 2002-CA-00687-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2003 Opinion Author: Myers, J. Holding: Affirmed in Part and Reversed and Rendered in Part. |
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| Additional Case Information: |
Topic: Modification of property settlement agreement - Modification of child support Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 02-04-2002 Appealed from: Alcorn County Chancery Court Judge: Jacqueline Mask Disposition: CHANCELLOR MODIFIED PROPERTY SETTLEMENT AGREEMENT AND INCREASED CHILD SUPPORT PAYMENTS OWED BY FATHER Case Number: 99-0483(02) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Lester M. Hopson, Jr. |
JOHN R. WHITE |
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| Appellee: | Sandra Denise Childs Hopson | JOHN A. FERRELL |
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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 property settlement agreement - Modification of child support |
| Summary of the Facts: | When Lester and Sandra Hopson were granted a divorce, they executed a property settlement agreement, which was incorporated into the divorce decree. Sandra was awarded custody of the couple’s child, and Lester was to pay each month the greater of 10% of his adjusted gross income or $400 as child support. Sandra filed a motion for modification seeking to change the property settlement concerning her student loans and an increase in child support. The court modified the property settlement agreement resulting in Lester having to pay half of the remaining student loans and increased the amount of child support. Lester appeals. |
| Summary of Opinion Analysis: | Issue 1: Student loans Agreements created in the process of the termination of the marriage by divorce are contracts made by the parties, upon consideration acceptable to each of them, and the law will enforce them. The settlement agreement specifically stated that Sandra was responsible for her student loans, and Sandra agreed to the settlement. Therefore, the chancellor abused her discretion in modifying the settlement agreement. Issue 2: Child support In order to justify the modification of child support, the moving party must show that there has been a material or substantial change in the circumstances of one of the parties. Lester's salary increased from $48,000 to $72,000, and Sandra presented evidence that the needs of the child had increased. Therefore, the chancellor was correct in modifying child support. |
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