Decision – Miss.S.Ct. – Oct. 6, 2016

Andrea Leigh Taylor v. Thomas Roy Taylor, Jr. –  child support payable to child – Andrea and Thomas were divorced in 2003 but lived together for another ten years.  They  finally separated in 2013.  Shortly thereafter  Thomas filed a motion for contempt against Andrea for not paying college tuition and related expenses for their older son—Austin.  Thomas argued the property-settlement agreement incorporated in their divorce included college tuition and expenses. Andrea argued that it did not.  By then,  Austin was enrolled in Delta State’s commercial aviation program and had accumulated at the time more than $70,000 in student-loan debt.  The chancellor found that the PSA did contemplate college tuition.

 The chancellor calculated Austin’s student-loan debt up to the point of emancipation—arriving at a total of $61,136. Because he found Thomas and Andrea were equally responsible for tuition and expenses, each party was held responsible for $30,568. The chancellor entered a judgment for Austin but delayed its execution until the loan came due and payable. He held neither party in contempt for failing to pay Austin’s tuition and expenses.

On appeal. Andrea argues that it was error to make the sum payable to Austin.  The Miss.S.Ct. affirms finding that Andrea’s failure to raise this issue in the trial court bars her from arguing it an an issue on appeal.

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