Expect the Unexpected

Yesterday, the Mississippi Court of Appeals handed down a decision in a case that originated in Lamar County.¹ At issue was whether a man could modify alimony paid to his ex-wife.

Monte Morris argued that he had experienced a reduction in income, and his ex-wife, Lou Ann, was now receiving disability payments, which served to increase her income. Normally, spousal support payments may be modified if there is a material change of circumstances with one or both of the parties. That material change must also have been unforeseen at the time of the original judgment of divorce.

The Lamar County Chancery Court denied Monte’s motion for a modification, and he appealed. The decision was upheld upon appeal when the Court of Appeals found Lou Ann’s receipt of disability benefits was anticipated at the time of the divorce. The property settlement agreement included a provision for when “[if,] in the future, Wife does, in fact, receive disability. …” Monte also testified at the hearing of his motion for modification that he knew, at the time of divorce, that Lou Ann was planning to apply for disability benefits.

Regarding Monte’s loss of income, the trial court found that Monte was a business owner, and as such, has some control over how he receives income. Evidence was also presented that any loss of income had not seriously altered Monte’s lifestyle. The Court of Appeals upheld the trial court’s findings in this area.

If there is a lesson to be learned here, I reason that it is that property settlement agreements must be read as a whole; just because the spousal support portion of the agreement does not foresee some event does not mean the event was unforeseen if it was mentioned in another portion of the document.