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Wesson v. Wesson6/11/2002
DATE OF TRIAL COURT JUDGMENT: 10/26/2000
NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS
PROCEDURAL HISTORY AND FACTS
. David and Sandra Wesson were married in 1977 and two children were born to their union, Chi in 1979 and Alex in 1983. The Wessons separated in 1998, and an order for separate maintenance was entered at that time. Pursuant to the order of separate maintenance, Sandra was granted temporary custody of the two boys, David was ordered to pay $676 per month in child support for both boys, David was to maintain health insurance coverage for Sandra and the children, paying eighty percent of medical expenses not covered by insurance, and Sandra was granted use of the marital home with David paying the house note.
. The final judgment of divorce was issued October 26, 2000. With this order, the Prentiss County chancellor found that David was disabled and was earning approximated $1,257 per month in workers' compensation benefits, and Sandra earned approximated $620 per month as a teacher's assistant. Of the Wessons's two children, Chi had turned twenty-one by the time of the judgment and was, thus, found to have been emancipated. Custody of Alex, the younger child, was awarded to Sandra with David being ordered to pay $175 per month in child support, which was the statutory fourteen percent of his gross income. The chancellor noted that a modification in the support order could be made later should David become able to return to his usual employment at United Parcel Service (UPS). David was further ordered to maintain health insurance on Alex with the parties dividing medical expenses not covered by that insurance. The chancellor found that Sandra was entitled to one-half of David's pension plan. Sandra was granted exclusive use and possession of the marital home and its contents, and David was ordered to pay the house note and insurance payments for the house with the house payment serving as alimony to Sandra. Also, the house had fallen into foreclosure, and the chancellor ordered that David take steps to bring the house out of foreclosure. In the final judgment of divorce, the chancellor found David to be in contempt for failing to abide by the terms of the temporary decree. The chancellor found him to be $8,680.10 in arrears for child support and home utilities payments required under the temporary decree.
. David now argues to this Court that the chancellor erred in the following respects: in her equitable division of personal property and award of one-half of David's pension plan to Sandra; in awarding alimony to Sandra in the form of David's required payment of the house note and home insurance; in finding that Sandra was entitled to a share of any future workers' compensation settlement David might receive; and the chancellor's finding David in contempt for not abiding by the terms of the temporary decree and for failing to credit David for child support payments made subsequent to Chi's having become emancipated.
. We review each of David's issues but find no merit. Thus, we affirm the chancellor on all issues raised with this appeal.
DISCUSSION OF THE ISSUES
I. DID THE CHANCELLOR ERR IN HER EQUITABLE DISTRIBUTION OF THE WESSONS'S MARITAL PROPERTY?
. David argues that the chancellor erred in dividing the marital property, specifically in awarding David only the personal property in his possession at the time of trial and in finding that Sandra was entitled to one-half of David's retirement plan. "The court's standard of review in domestic relations matters is limited. We will not disturb the findings of a Chancellor unless the Chancellor was manifestly wrong, clearly errone
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