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IN THE COURT OF APPEALS 06/04/96 OF THE STATE OF MISSISSIPPI
NO. 95-CA-00391 COA RAY ALLEN TUCKER APPELLANT v. DEBRA EDGE TUCKER APPELLEE

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

TRIAL JUDGE: HON. TIMOTHY E. ERVIN COURT FROM WHICH APPEALED: ALCORN COUNTY CHANCERY COURT ATTORNEY(S) FOR APPELLANT: REBECCA COLEMAN PHIPPS ATTORNEY(S) FOR APPELLEE: W. JETT WILSON NATURE OF THE CASE: DOMESTIC RELATIONS - MODIFICATION OF CHILD SUPPORT TRIAL COURT DISPOSITION: FORMER WIFE TO PAY FORMER HUSBAND FIXED MONTHLY AMOUNT FOR SUPPORT OF ONE (OF THREE) CHILDREN NOW LIVING WITH HUSBAND; AMOUNT TO BE BASED ON FORMER WIFE'S NEW INCOME; FORMER HUSBAND TO CONTINUE PAYING $1,200.00 FOR TWO (RATHER THAN THREE) CHILDREN.

BEFORE FRAISER, P.J., MCMILLIN, AND PAYNE, JJ.

PAYNE, J., FOR THE COURT: This case involves a former husband's request for child support modification. The chancery court modified the child support amount to be paid by the former husband. We find that the chancellor's reduction of monthly child support payments was not an abuse of discretion and not unjust. We therefore affirm the court's order.

FACTS Ray and Debra Tucker were divorced in June 1990. The court awarded Debra custody of their three children and ordered Ray to pay $1,200.00 per month in child support. In April 1991, Ray filed a petition to modify which sought custody of their oldest child and requested a reduction in child support. The court denied his request on both issues. Subsequently, Ray and Debra agreed that their oldest child should indeed live with Ray, while the two younger children would remain with Debra. Their agreement, which eventually was filed as a court order, granted Ray custody of their oldest child and required Ray to continue to pay $1,200.00 for the support of the two children living with Debra. At the time of the agreement, Debra was a full-time college student and had little, if any, income. The agreement and order also allowed either party, upon Debra's becoming employed fulltime, to petition the court for a modification of child support based on the financial condition of the parties at that time. Debra graduated and began a full-time job in August 1993. In November 1993, Ray requested a modification of child support composed of: (1) a reduction in child support he paid to Debra for the two younger children and (2) payment by Debra to him to support the oldest child who now lived with him. The chancery court determined, based on Debra's new income, that she should pay child support for the oldest child. The court did not reduce the $1,200.00 amount that Ray had previously been required to pay to support the two younger children. Ray now appeals the chancery court decision not to reduce the $1,200.00 amount. ANALYSIS I. DID THE TRIAL COURT ERR BY FAILING TO REQUIRE DEBRA TO PAY SUFFICIENT CHILD SUPPORT, BASED ON HER NEW INCOME, FOR THE PARTIES' OLDEST CHILD NOW LIVING WITH RAY AND BY FAILING TO REDUCE THE AMOUNT OF CHILD SUPPORT THAT RAY PAYS FOR THE PARTIES' TWO YOUNGER CHILDREN? Ray argues that the court failed to reduce the $1,200.00 amount of child support he pays for two, rather than three, children. He also contends that Debra, who now has gainful employment and income, should be required to financially support the oldest child who now lives with him. In the present case the court did, in fact, require Debra, by statutory calculation, to pay child support for the oldest child. Therefore, Ray's argument is essentially that the court failed to reduce the amount he is required to pay for the two children still living with Debra. The Mississippi Supreme Court has stated that "in cases concerning support of children, the best

interest of the child is the `touchstone' which this Court must keep in mind." Love v. Barnett , 611 So. 2d 205, 208 (Miss. 1992) (citation omitted). "Child support is awarded to the custodial parent for the benefit and protection of the child." Id. (citations omitted). Mississippi statutory law provides for child support guidelines regarding an award or modification of child support. Miss. Code Ann.

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