Factor Tests

In domestic relations cases in Mississippi, there is essentially a factor test for everything.  If you are dealing with custody (Albright factors), attorney’s fees (McKee factors), alimony (Armstrong factors), etc.  One of the keys in every trial is to have the chancellor analyze these factors on the record.  When the chancellor does not, this is an invitation for a reversal on appeal. 

In Lowrey v. Lowrey, 25 So. 3d 274, 280-281 (Miss. 2009), the Mississippi Supreme Court ruled that factor tests such as provided in Ferguson for property division and Armstrong for alimony, must be considered on the record in every case.  These factor considerations are not only essential for appellate purposes, but also for trial courts, as they provide a checklist to assist in the accuracy of their rulings. Id. Following these guidelines reduces unintended errors that may affect the court's ultimate decision. Id. The absence of an analysis of these factors and failure to apply the law to the facts at hand create error.  Id.   Failure to make an on-the-record Armstrong analysis is manifest error. See Henderson v. Henderson, 703 So.2d 262, 266 (Miss.1997); Armstrong, 618 So.2d 1278, 1280 (Miss. 1993). 

If you are a client, help your attorney make a record of any of these factors as may be applicable to your case by providing them as much information as possible.  If you are an attorney, if you suspect a case may be appealed and there is no factor analysis, it is well worth your time to file a motion for reconsiderations or a Rule 52 request to make your record on appeal.  There is nothing worse than a retrial three (3) years later on reversal after the parties have hopefully moved on with their life.