Legal Opinion · Dissent

Luckett v. Luckett

Court of Appeals of Mississippi

Decided December 30, 1998No. 97-CA-01548 COAPublished

1DissentMcMILLIN, P. J.

¶ 13. I concur in affirming the judgment for past due support, but I must respectfully indicate my disagreement with the majority’s conclusion that the clause in question is an enforceable automatic escalation clause in its present form. For that reason, I believe that a remand to properly determine Ms. Luckett’s future support obligation is necessary. In my view, the chancellor’s attempt at an escalation clause is largely indistinguishable from the prohibited provision of Morris v. Stacy that ordered Morris to pay ten percent of all of his adjusted gross income in excess of $50,000. Morris…

2Cases cited3 opinions

  1. Lawrence v. LawrenceMississippi Supreme Court · 1991
  2. Wing v. WingMississippi Supreme Court · 1989
  3. Morris v. StacyMississippi Supreme Court · 1994

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