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MALLARD v. BURKART

No. 2010-CA-02069-SCT.

95 So.3d 1264 (2012)

James MALLARD v. Tonya Mallard BURKART.

Supreme Court of Mississippi.

August 30, 2012.

Attorney(s) appearing for the Case

Robert James Curtis , Clarksdale, attorney for appellant.

Cheryl D. Hayden , Petal, attorney for appellee.

Before CARLSON, P.J., PIERCE and KING, JJ.

CARLSON, Presiding Justice, for the Court:

¶ 1. James Mallard and Tonya Mallard (now Tonya Mallard Burkart)1 were divorced on April 25, 2001. Incorporated into the Final Judgment of Divorce was the Child Custody and Support and Property Settlement Agreement executed by the parties. A significant portion of the financial settlement that Burkart received in the property settlement agreement consisted of forty percent of Mallard's "disposable...

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