Mims v. MimsAnnotate this Case
Gary Mims (husband) and Lynn Mims (wife) married in 1986 and were divorced in 2008. At the time of their divorce, two of the couple's four children were minors. The final divorce decree incorporated a settlement agreement entered into by the parties in which husband agreed to pay the costs of a college education for all of the children. In 2010, the couple's youngest daughter graduated from high school and enrolled in Valdosta State University (“VSU”) in 2010. In February 2012, wife filed a contempt action against husband alleging that he failed to pay college expenses for their daughter as required under the terms of the settlement agreement. The Superior Court of Lowndes County entered an order directing husband to pay daughter's college expenses for all nine semesters she had attended, minus amounts credited for daughter's receipt of the Hope Scholarship and Pell Grants. The trial court declined to find husband in contempt, however, determining that he had not received notification of the expenses incurred by daughter prior to wife's filing her complaint. The Supreme Court granted husband's application for discretionary appeal to determine whether the trial court erred when it ordered husband to pay daughter's expenses for each of the nine semesters she had attended college. Finding no abuse of discretion or reversible error, the Supreme Court affirmed.