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498 So. 2d 1229

Docket No. 56102.

Landrum v. Landrum

Gilberte E. LANDRUM v. Wiley A. LANDRUM

Mississippi Supreme Court

Decided December 10, 1986.

Mississippi Supreme Court · decided 1986-12-10

Key passage — most relied on by later courts

“a decree for separate maintenance may be modified upon a petition presented because of a material or substantial change of circumstances arising subsequent to the date of the decree. (emphasis added).”

quoted by 1 later decision, including Kennedy v. Kennedy

Relies on Wilson v. Wilson

Good law ✅— No negative treatment on recordhow we know

Decided 1986-12-10

How this case has been cited

Cited by 6 later decisions — most recently December 2015

6 state decisions

301986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*1230 Michael V. Ratliff, Ingram, Matthews & Stroud, Hattiesburg, for appellant.

¶2James R. Hayden, Hattiesburg, for appellee.

¶3Before WALKER, P.J., and PRATHER and ROBERTSON, JJ.

¶4PRATHER, Justice, for the Court:

¶5On June 1, 1984 the Chancery Court of Forrest County granted a divorce in favor of appellant, requiring that appellee pay appellant $350.00 per month in alimony, $150.00 per month for rental of a home and all medical expenses.

¶6Appellant appealed asserting that an earlier decree of separate maintenance barred relitigation of issues presented in the suit for divorce. This Court finds no merit to issues assigned on appeal. In view of arguments presented, this Court reiterates the principle set forth in Wilson v. Wilson,198 Miss. 334, 343, 22 So.2d 161 (1945) that a decree for separate maintenance may be modified upon a petition presented because of a material or substantial change of circumstances arising subsequent to the date of the decree. Even in the absence of a divorce proceeding, the lower court had proof of material change in circumstance to warrant a modification of amounts awarded in the separate maintenance decree.

¶7This Court finds implicit in the ruling of the lower court that medical expenses to be paid by Wiley Landrum are only those which he can reasonably pay.

¶8AFFIRMED.

¶9WALKER, C.J., ROY NOBLE LEE and HAWKINS, P.JJ., and DAN M. LEE, ROBERTSON, SULLIVAN, ANDERSON and GRIFFIN, JJ., concur.

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