Hornsby v. Hornsby (Mississippi 2022)

A parent requesting a modification based on a reduction in income must show a corresponding change in his or her lifestyle. The father, a self-employed lawyer, requested a modification of child support. The chancery court denied his request. The father appealed. The appellate court affirmed. The father argued the chancery court improperly granted a motion in limine that excluded relevant evidence. However, the father made no proffer of evidence during the trial and, on appeal, failed to specify any specific evidence that was excluded. The father also argued the chancery court improperly considered his access to credit as a reason to deny the modification and purchases made by the father and his new wife as an ability to pay. The appellate court found no merit to either argument. The chancery court properly weighed the father’s claimed reduction in income against his standard of living. The father and his wife had recently built a new home and purchased a new BMW. The chancery court noted his access to a line of credit as a part of his private practice.