Finch v. Finch

Rosemary Finch filed a complaint for separate maintenance, and her husband Stewart Finch responded with a counterclaim for divorce. In the course of their divorce proceedings, Rosemary and Stewart were required by Mississippi Chancery Court Rule 8.05 to provide a comprehensive financial statement listing their individual incomes and expenses and their marital and nonmarital assets and liabilities. The chancellor retroactively reduced alimony from $4,000 to $2,000 per month based on Rosemary’s failure adequately to disclose social security payments, additional debts, and a joint account with her mother, and Stewart having to pay for both Rosemary’s and his daughter’s vehicles in order to transfer title pursuant to the divorce judgment. In addition, Stewart was paying more than $800 per month to satisfy the additional marital debts. The chancellor retroactively reduced child support from $1,300 to $900 per month and further relieved Stewart of the obligation to pay any of his son’s educational expenses. Rosemary appealed this judgment, and the Court of Appeals affirmed the chancery court. Based on the facts of this case, the Supreme Court reversed and remanded for further factual findings regarding Stewart’s income and for a recalculation of alimony and child support. View "Finch v. Finch" on Justia Law