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PORTER v. PORTER

No. 2006-CT-01592-SCT.

23 So.3d 438 (2009)

Rachel Driskell PORTER (Spivey) v. Timothy Wade PORTER.

Supreme Court of Mississippi.

December 3, 2009.

Attorney(s) appearing for the Case

Richard C. Roberts, Jackson, attorney for appellant.

William R. Wright, Jackson, Trhesa Barksdale Patterson, Deborah H. Bell, W. Benton Gregg, attorneys for appellee.

EN BANC.

ON WRIT OF CERTIORARI

RANDOLPH, Justice, for the Court.

¶ 1. Rachel Driskell Porter Spivey ("Rachel") and Timothy Wade Porter ("Tim") were divorced in October 2000. Incorporated into the divorce decree was a "Child Custody, Child Support and Property Settlement Agreement" ("Agreement") providing for joint physical and legal custody of their three minor children ("Porter children"). In December 2005, Rachel's husband, Dan Spivey ("Dan"), received...

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