accustomed standard (Mississippi) · Go Syfert
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accustomed standard in Mississippi

27 Mississippi opinions name it 2 courts 1986–2018 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (15)

CaseFollowedCited
Gray v. Graygreen
miss · 1990 · cited in 15 Mississippi opinions naming this issue, 1993–2018
2 sentences

2018As in all alimony-modification cases, "[a]limony, if allowed, should be reasonable in amount, commensurate with the wife's accustomed standard of living, minus her own resources, and considering the ability of the husband to pay." Gray v. Gray , 562 So.2d 79 , 83 (Miss. 1990). "[A]limony awards in excess [of] a spouse's ability to pay are ' per se unreasonable.' " Sheffield v. Sheffield , 55 So.3d 1142 , 1145 (¶ 9) (Miss.

2016She contends that “[a]limony, if allowed, should be reasonable in amount, commensurate with the wife’s accustomed standard of living, minus her own resources, and considering the ability of the husband to pay.” Gray v. Gray, 562 So.2d 79, 83 (¶ 4) (Miss.1990).

1215
Creekmore v. Creekmoregreen
miss · 1995 · cited in 4 Mississippi opinions naming this issue, 2006–2017
2 sentences

2017We advance the standard that “[a]limony, if allowed, should be reasonable in amount, commensurate with the wife’s accustomed standard of living, minus her own resources, and considering the ability of the husband to pay.” Creekmore, 651 So. 2d at 517 .

2017We advance the standard that “[a]limony, if allowed, should be reasonable in amount, commensurate with the wife’s accustomed standard of living, minus her own resources, and- considering the ability of the husband to pay.” Creekmore, 651 So.2d at 517 .

34
Wood v. Woodgreen
miss · 1986 · cited in 4 Mississippi opinions naming this issue, 1990–2005
2 sentences

1998If a chancellor awards alimony, the amount should be "reasonable" and "commensurate with the wife's accustomed standard of living, minus her own resources, and considering the ability of the husband to pay." Gray, 562 So.2d at 82 ; Wood v. Wood, 495 So.2d 503, 506 (Miss.1986).

1990Wood, 495 So.2d at 506 ("We have a long line of cases ... recognizing that, where the parties have been married for a number of years, where the wife is in need of financial support, the chancery court, being sensitive to the equities of the case before it, has authority to direct payment of alimony even though wrongful conduct on the part of the wife was found sufficient to grant the divorce to the husband.") (citing numerous cases); Rainer v. Rainer, *607 393 So.2d 475, 478 (Miss. 1981) (The chancellor's determination must be reasonable and commensurate with the wife's accustomed standard of

24
Rainer v. Rainergreen
miss · 1981 · cited in 3 Mississippi opinions naming this issue, 1986–1990
2 sentences

1990Wood, 495 So.2d at 506 ("We have a long line of cases ... recognizing that, where the parties have been married for a number of years, where the wife is in need of financial support, the chancery court, being sensitive to the equities of the case before it, has authority to direct payment of alimony even though wrongful conduct on the part of the wife was found sufficient to grant the divorce to the husband.") (citing numerous cases); Rainer v. Rainer, *607 393 So.2d 475, 478 (Miss. 1981) (The chancellor's determination must be reasonable and commensurate with the wife's accustomed standard of

1990Wood, 495 So.2d at 506 ; Rainer v. Rainer, 393 So.2d 475, 478 (Miss. 1981).

23
Peterson v. Petersongreen
missctapp · 2013 · cited in 2 Mississippi opinions naming this issue, 2016–2018
2 sentences

2018Peterson v. Peterson, 129 So. 3d 255, 257 (¶¶7-8) (Miss.

2018Peterson v. Peterson , 129 So.3d 255 , 257 (¶¶ 7-8) (Miss.

22
Brendel v. Brendelgreen
miss · 1990 · cited in 2 Mississippi opinions naming this issue, 1999–2001
2 sentences

2001Brendel v. Brendel, 566 So.2d 1269, 1272-73 (Miss. 1990).

2001Brendel v. Brendel, 566 So.2d 1269 , 1272-73 (Miss. 1990).

22
Yelverton v. Yelvertongreen
miss · 2007 · cited in 2 Mississippi opinions naming this issue, 2011–2018
2 sentences

2018Ct. App. 2011) (quoting Yelverton v. Yelverton , 961 So.2d 19 , 28 (¶ 18) (Miss. 2007) ). ¶ 11.

2011The Mississippi Supreme Court has held that alimony awards in excess a spouse’s ability to pay are “per se unreasonable.” Yelverton v. Yelverton, 961 So.2d 19, 28 (1118) (Miss.2007) (citing Brooks v. Brooks, 652 So.2d 1113, 1122 (Miss.1995)). ¶ 10.

12
Monroe v. Monroegreen
miss · 1992 · cited in 2 Mississippi opinions naming this issue, 1993–2005
2 sentences

2005In deciding whether to make an award of alimony, the chancellor should consider that both husband and wife “are entitled to maintain a ‘decent standard of. living,’ whenever possible.” Monroe, 612 So.2d at 357 (quoting Gray, 562 So.2d at 83 ).

1993This Court said in Gray v. Gray, 562 So.2d 79, 83 (Miss. 1990), that the amount of alimony "should be reasonable ... commensurate with the wife's accustomed standard of living, minus her own resources, and considering the ability of *588 the husband to pay." Both parties should be allowed "to maintain a `decent standard of living.'" Monroe v. Monroe, 612 So.2d 353, 357 (Miss. 1992).

12
Tilley v. Tilleygreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 2017–2017
2 sentences

2017“The amount of alimony awarded is a matter primarily within the discretion of the chancery court because of its peculiar opportunity to sense the equities of the situation before it.” Tilley v. Tilley, 610 So. 2d 348, 351 (Miss. 1992).

2017“The amount of alimony awarded is a matter primarily within the discretion of the chancery court because of its. peculiar opportunity to sense the equi ties of the situation before it.” Tilley v. Tilley, 610 So.2d 348, 351 (Miss. 1992).

11
Magee v. Mageegreen
missctapp · 1999 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013“The amount of an alimony award is largely within the discretion of the chancellor^]” Magee v. Magee, 754 So.2d 1275, 1279 (¶ 7) (Miss.Ct.App.1999).

11
Brooks v. Brooksgreen
miss · 1995 · cited in 1 Mississippi opinions naming this issue, 2011–2011
1 sentence

2011The Mississippi Supreme Court has held that alimony awards in excess a spouse’s ability to pay are “per se unreasonable.” Yelverton v. Yelverton, 961 So.2d 19, 28 (1118) (Miss.2007) (citing Brooks v. Brooks, 652 So.2d 1113, 1122 (Miss.1995)). ¶ 10.

11
Holley v. Holleygreen
miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2011–2011
1 sentence

2011The chancellor’s discretion notwithstanding, alimony “should be reasonable in amount, commensurate with the wife’s accustomed standard of living, minus her own resources, and considering the ability of the husband to pay.” Holley v. Holley, 969 So.2d 842, 844 (¶ 11) (Miss.2007) (quoting Creekmore v. Creekmore, 651 So.2d 513, 517 (Miss.1995)).

11
Barnett v. Barnettgreen
missctapp · 2005 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009A chancellor’s award of alimony “should be reasonable in amount, commensurate with the wife’s accustomed standard of living, minus her own resources[,] and considering the ability of the husband to pay.” Barnett v. Barnett, 908 So.2d 833, 843 (¶ 24) (Miss.Ct.App.2005).

11
Johnson v. Johnsongreen
miss · 1994 · cited in 1 Mississippi opinions naming this issue, 2005–2005
1 sentence

2005Johnson v. Johnson, 650 So.2d 1281, 1287 (Miss.1994). “[A]limony, if allowed, should be reasonable in amount commensurate with the wife’s accustomed standard of living, minus her own resources, and considering the ability of the husband to pay.” Gray v. Gray, 562 So.2d 79, 83 (Miss.1990).

11
Armstrong v. Armstronggreen
miss · 1993 · cited in 1 Mississippi opinions naming this issue, 2003–2003
1 sentence

2003The factors for considering periodic alimony were established in Armstrong v. Armstrong, 618 So.2d 1278, 1280-81 (Miss.1993).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Bland v. Bland green
miss · 1993
2 sentences

2013In Bland , the Court found that the chancellor relied on the Cheatham factors at least in part, and that “the amount of alimony ‘should be reasonable ... commensurate with the wife’s accustomed standard of living, minus her own resources, and considering the ability of the husband to pay.”’ Id. at 587-88 (quoting Gray v. Gray, 562 So.2d 79, 83 (Miss.1990)) (alterations in original).

2011In Bland, the Court found that the chancellor relied on the Cheatham factors at least in part, and that “the amount of alimony ‘should be reasonable . . . commensurate with the wife’s accustomed standard of living, minus her own resources, and considering the ability of the husband to pay.’” Id. at 587-88 (quoting Gray v. Gray, 562 So. 2d 79, 83 (Miss. 1990)) (alterations in original).

22011–2013
Sheffield v. Sheffield green
missctapp · 2011
1 sentence

2018As in all alimony-modification cases, "[a]limony, if allowed, should be reasonable in amount, commensurate with the wife's accustomed standard of living, minus her own resources, and considering the ability of the husband to pay." Gray v. Gray , 562 So.2d 79 , 83 (Miss. 1990). "[A]limony awards in excess [of] a spouse's ability to pay are ' per se unreasonable.' " Sheffield v. Sheffield , 55 So.3d 1142 , 1145 (¶ 9) (Miss.

12018–2018
Hibner v. Hibner green
miss · 1953
2 sentences

1986Rainer v. Rainer, 393 So.2d 475 , 478 (Miss. 1981); Hibner v. Hibner, 217 Miss. 611 , 617, 64 So.2d 756 , 758 (1953).

1986Rainer v. Rainer, 393 So.2d 475 , 478 (Miss. 1981); Hibner v. Hibner, 217 Miss. 611 , 617, 64 So.2d 756 , 758 (1953).

11986–1986

Statutes the citing opinions construe

MS § Miss. Code Ann. § 93-5-23 (6) MS § Miss. Code Ann. § 43-19-101 (4) MS § Miss. Code Ann. § 43-19-103 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NC 38 (1980–2026) MS 27 (1986–2018) MD 12 (1985–2003) SC 9 (1977–2018) WV 4 (1984–2001) NJ 3 (1992–2004) CA 3 (1972–1980) ND 2 (1999–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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