Kenneth E. Smith v. Sandra K. Smith

Summary

The Mississippi Supreme Court reversed and remanded a judgment reducing a child-support arrearage based on alleged wage withholding and periods when the child purportedly lived with the noncustodial parent. The Court held that the noncustodial parent did not provide satisfactory evidence to support either credit, emphasizing the need for proof of actual payments or support provided for the child’s benefit.

Holdings

1. A noncustodial parent seeking a credit against a child-support arrearage must present more than uncorroborated verbal testimony to prove that support was paid or withheld for the child's benefit. Sandra's testimony alone was insufficient, so the trial court manifestly erred in granting credit for the alleged wage withholding.
2. A noncustodial parent is not entitled to credit against a child-support arrearage merely by proving that the child lived with the parent; the parent must also provide satisfactory proof, by a preponderance of the evidence, that support was actually paid directly to or for the child's benefit as contemplated by the support order. Sandra failed to meet that burden.
3. Because the $10,000 arrearage judgment was calculated using unsupported credits totaling $14,000, the judgment must be reversed and the matter remanded for the chancellor to reassess Sandra's arrearage obligation consistently with the opinion.

Questions Presented

1. Whether Sandra presented sufficient evidence to receive a credit against the child-support arrearage for alleged voluntary wage withholdings.
2. Whether Sandra presented sufficient evidence to receive a credit against the child-support arrearage for the period when the child allegedly lived with her.
3. Whether the trial court's $14,000 credit and resulting $10,000 arrearage judgment were supported by satisfactory evidence.

Disposition

reversed_and_remanded