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Langdon v. Langdon9/9/2003
DATE OF TRIAL COURT JUDGMENT: 5/31/2001
DATE OF TRIAL COURT JUDGMENT: 7/27/1999
NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS
TRIAL COURT DISPOSITION: HELEN CROCKER LANGDON WAS GRANTED A DIVORCE ON THE GROUND OF HABITUAL CRUEL AND INHUMAN TREATMENT, WAS AWARDED CUSTODY OF THE MINOR CHILDREN, MARITAL ASSETS DISTRIBUTED BETWEEN THE PARTIES, AND ATTORNEY'S FEES AND COURT REPORTER'S FEES AWARDED.
DISPOSITION: AFFIRMED - 09/09/2003
NATURE OF THE CIVIL - DOMESTIC RELATIONS CASE:
TRIAL COURT DISPOSITION: CHARLES KENT LANGDON WAS FOUND IN CONTEMPT OF A TEMPORARY ORDER.
DISPOSITION: AFFIRMED - 09/09/2003
. The Chancery Court of Humphreys County granted Helen Crocker Langdon (Helen) a divorce from Charles Kent Langdon (Kent) on the ground of habitual cruel and inhuman treatment. Kent has appealed, arguing that the chancery court erred by failing to grant him a divorce on the ground of adultery, by erroneously dividing the parties' assets, and by awarding Helen attorney's fees and court reporter's fees. Prior to the divorce, Kent appealed from an order of the Chancery Court of Humphreys County finding him in contempt of a temporary order. The two appeals have been consolidated.
FACTS
. Kent and Helen were married on December 18, 1983. They had three children, all boys. At the conclusion of trial in this matter, one child was age 15 and two were age 12.
. The parties separated on or about December 28, 1998. On March 4, 1999, Helen filed for a divorce on the ground of habitual cruel and inhuman treatment or irreconcilable differences. Kent answered and counterclaimed for a divorce on the same grounds. Helen amended her complaint to add the ground of adultery. Kent amended his counterclaim to add the ground of adultery.
. Helen requested temporary relief. After a hearing, the chancery court awarded Helen temporary custody of the children, temporary child support , and temporary alimony. The court ordered Kent to make the monthly mortgage payments on the parties' former residence, and to retain the hospitalization and medical insurance on Helen and the children that was in force at the time of the order. The court restricted Kent from selling any asset. Subsequently, Kent failed to make the mortgage payments. The court found Kent in willful contempt and entered a judgment against him for the amount of the missed payments, $5,513.92. The court ordered his incarceration if he did not pay the amount within four days. Kent failed to pay and was incarcerated. He was released upon posting a supersedeas bond pending appeal. See M.R.A.P. 8.
. After a three day trial, the chancery court entered an order granting Helen a divorce on the ground of habitual cruel and inhuman treatment, awarding her custody of the two youngest children, and awarding Kent custody of the oldest child. The court determined child custody and visitation, divided the parties' assets, and awarded Helen attorney's fees and court reporter's fees. Further, the court ordered Kent to pay Helen $525 per month in child support and $300 per month in alimony.
STANDARD OF REVIEW
. This Court reviews the facts of a divorce decree in the light most favorable to the appellee. Fisher v. Fisher, 771 So. 2d 364, 367 ( 8) (Miss. 2000). In domestic relations matters, this Court will not reverse the findings of a chancellor unless the findings are manifestly wrong, clearly erroneous, or if the chancellor applied an incorrect legal standard. Henderson v. Henderson, 757 So. 2d 285, 289-90 ( 19) (Miss. 2000). We may reverse a chancellor's findings of fact only where the
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