Sumrall v. Munguia

In Sumrall v. Munguia, 757 So. 2d 279 (Miss. 2000), the father paid all of the child's college tuition and living expenses during the time when the child was in college. He also paid child support to the mother during this period. The father petitioned for a downward modification of his support obligation. The chancellor suspended the father's child support obligation during the time the child was in college, but required him to pay the support during the time the child resided with his mother during school breaks. Sumrall, 757 So. 2d at 281. The chancellor, however, did not make the suspension of child support payments retroactive to the date the child entered college. Id. 284. The supreme court affirmed the chancellor's suspension of the father's child support obligation during the college months. Id. The court held the chancellor erred in not allowing the father a credit for the child support paid since the child began college. Id. The court ordered that the chancellor's modification of support be retroactive to the date that the child entered college and that the father be given a credit for amounts he paid while the child was in college. Id. In sum, the father paid all of his child's college tuition and living expenses while the child was at college. Id. 280. In addition, he paid child support to the mother during this period. Id. The father petitioned the court for a downward modification of his support obligation. Id. The chancellor found that the father's child support obligation should be suspended while the child was in college, but required that he pay support while the child lived in the home with his mother during school breaks. Id. 281.