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IN THE COURT OF APPEALS 11/12/96 OF THE STATE OF MISSISSIPPI
NO. 95-CA-00087 COA

MICHAEL LEWIS STRIDER, AS FATHER AND NEXT FRIEND OF MICHAEL COLBY JACKSON APPELLANT v. APRIL MARIE JACKSON, INDIVIDUALLY, AND GWIN JACKSON, JR. AND JOY JACKSON, AS NATURAL GUARDIANS OF APRIL MARIE JACKSON APPELLEES

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. HARVEY T. ROSS COURT FROM WHICH APPEALED: CHANCERY COURT OF COAHOMA COUNTY ATTORNEYS FOR APPELLANT: DAVID L. WALKER JOHN D. WEDDLE ATTORNEY FOR APPELLEES: CHARLES E. WEBSTER NATURE OF THE CASE: PATERNITY: CHILD SUPPORT TRIAL COURT DISPOSITION: CHILD SUPPORT AWARDED; ATTORNEY'S FEES AWARDED; REIMBURSEMENT FOR PRENATAL EXPENSES AWARDED

BEFORE BRIDGES, P.J., COLEMAN, AND PAYNE, JJ. PAYNE, J., FOR THE COURT: Michael L. Strider sought to determine paternity and a name change in the Chancery Court of Coahoma County. April M. Jackson counterclaimed to determine child support and seeking reimbursement for monies expended on prenatal expenses. Jackson admitted that Strider is the father of her child. The chancellor denied Strider's request for a name change; ordered him to pay Jackson $2,768.15 to reimburse her for prenatal and medical expenses; ordered him to pay $450 per month in child support; ordered him to provide medical insurance for the child and to pay all nonreimbursed medical expenses; ordered him to maintain a minimum of $100,000 of life insurance for himself with the child as the sole beneficiary; and ordered him to contribute $3,000 toward Jackson's attorney's fees. Feeling aggrieved, Strider appeals to this Court assigning the following issues: (1) the chancellor erred in awarding April Jackson excessive child support payments; (2) the chancellor erred in awarding April Jackson excessive attorney's fees; and (3) the chancellor's award of prenatal and medical expenses of the April Jackson and minor child was excessive. Finding error, we reverse and remand in part and affirm in part. STATEMENT OF THE FACTS April Jackson is the mother of the child. She was fourteen years old at the time the child was conceived and sixteen years old at the time of the trial. Jackson was taking literacy classes to prepare for her GED. Jackson also worked afternoons at her attorney's law offices earning minimum wage and drawing approximately $50.00 per week. Michael Strider admits he is the father of the child. He was twenty years old at the time the child was conceived and twenty-two at the time of trial. Strider was employed at Delta Wire where he earned a salary, production bonuses, and overtime. Strider also worked part-time at Infolab as a receiving clerk. Strider's average monthly income was $1,611.21 (this figure includes production bonuses, overtime, vacation pay, and wages from both jobs). Strider is provided health insurance through his job at Delta Wire and can add the child for $14.00 a week. Through his part-time employment with Infolab, Strider already maintained life insurance in the amount of $100,000 with the child as beneficiary for a cost of $36.37 per pay period. STANDARD OF REVIEW A decision of the chancellor in a paternity action brought during the putative father's lifetime will be reversed on appeal only if it is manifestly wrong. Ivy. v State Dep't of Pub. Welfare, 449 So. 2d 779, 783 (Miss. 1984) (citations omitted). ARGUMENT AND DISCUSSION OF THE LAW I. THE CHANCELLOR ERRED IN AWARDING APRIL JACKSON EXCESSIVE CHILD SUPPORT PAYMENTS. Strider argues that the chancellor erred in awarding child support in excess of the statutory guidelines because he failed to make a specific finding as to the father's income. While the chancellor states that

he is deviating from the guidelines due to the age of the immediate parties and the disparity of wage earning between the parties, Strider argues that this was after the chancellor stated that his determination was made with consideration of the guidelines set forth in section 43-19-101 of the Code. The chancellor's award constitutes 27.9 % of Strider's average monthly income of $1,611.21. When considering that a considerable portion of Strider's income was based on fluctuating overtime and a second job, he argues that the chancellor should have made an award of less than the $450.00 actually awarded. Strider considers this to be punishment of the noncustodial parent. The guidelines provide that Strider should pay fourteen percent of his adjusted gross income. Miss. Code Ann.

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