Gaiennie v. McMillin

Andrea Gaiennie and Michael McMillin entered a divorce decree on the ground of irreconcilable differences. In conjunction with the divorce decree, the parties entered into a property-settlement agreement. At issue before the Supreme Court was whether the Chancery Court’s finding that Gaiennie was required to pay for one-half of her children’s private-school tuition, and a related contempt issue were in error. Upon review, the Supreme Court found that, because private-school tuition was not specified in the agreement, the chancellor’s holding requiring Gaiennie to pay for one-half of the children’s private-school tuition was in error. With respect to the contempt issue, the Court found the Chancery Court abused its discretion: under the terms of the property-settlement agreement, Gaiennie was required to contribute $500 annually to the “Mississippi Impact Fund.” Trial testimony established that no fund existed. Instead, McMillin’s father had established a “Mississippi Education Savings Program.” Neither party sought to modify the agreement to reflect the correct fund. It was impossible for her to comply with the agreement as written. Thus, it was an abuse of discretion to hold her in contempt. View "Gaiennie v. McMillin" on Justia Law