Edward E. Shelnut v. Mississippi Department of Human Services ( 2007 )


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  •                    IN THE SUPREME COURT OF MISSISSIPPI
    NO. 2007-CA-02157-SCT
    EDWARD E. SHELNUT
    v.
    THE DEPARTMENT OF HUMAN SERVICES OF
    THE STATE OF MISSISSIPPI
    DATE OF JUDGMENT:                         11/19/2007
    TRIAL JUDGE:                              HON. J. DEWAYNE THOMAS
    COURT FROM WHICH APPEALED:                HINDS COUNTY CHANCERY COURT
    ATTORNEY FOR APPELLANT:                   PATRICIA PETERSON SMITH
    ATTORNEY FOR APPELLEE:                    JAMES JASON BAYLES
    NATURE OF THE CASE:                       CIVIL - DOMESTIC RELATIONS
    DISPOSITION:                              AFFIRMED IN PART; REVERSED IN PART
    AND REMANDED - 03/19/2009
    MOTION FOR REHEARING FILED:
    MANDATE ISSUED:
    EN BANC.
    RANDOLPH, JUSTICE, FOR THE COURT:
    ¶1.    This case has been litigated for nearly twenty years in the court systems of two
    sovereign nations, including a foray into this Court. See Dep’t of Human Servs. v. Shelnut,
    
    772 So. 2d 1041
     (Miss. 2000) (“Shelnut I”). The appellant asks this Court to reverse a
    chancellor’s decree recognizing the registration and enforcement of a foreign judgment for
    child support. We decline.
    HISTORY OF PROCEEDINGS
    ¶2.    In 1981, Gaye-Lynn Kern (“Kern”) and Edward Shelnut (“Shelnut”) were married in
    Saskatoon, Saskatchewan. They moved to Jackson, Miss., after briefly living in Atlanta, Ga.
    They remained in Jackson for the duration of their marriage. One child, Margaret-Anne, was
    born on July 31, 1986. In 1989 they experienced marital difficulties.
    ¶3.    On April 22, 1989, Kern returned to her native country, Canada, with Margaret-Anne.
    Kern and Margaret-Anne have lived there ever since. On April 27, 1989, Shelnut filed a
    complaint for custody in the Chancery Court of the Second Judicial District of Hinds County,
    but failed to effect service on Kern.
    ¶4.    In October 1989, Kern filed an action in the Unified Family Court (“UFC”) in the
    Queen’s Bench Judicial Centre of Saskatoon, Saskatchewan. Shelnut was served with this
    action, hired an attorney and answered. He contested personal jurisdiction and child support,
    inter alia. Kern sought monthly child support of $400 1 and monthly alimony of $350. The
    pleadings revealed Shelnut’s address in Mississippi, where the couple had lived while
    married and where he remained afterwards. Kern informed the Canadian court that Shelnut
    had filed an action in Mississippi, and that she had filed a motion to dismiss those
    proceedings. Shelnut’s financial statement, which included his annual salary, savings, and
    property ownership, were filed in the UFC case.
    ¶5.    A temporary hearing was held in the Canadian action, although Shelnut did not attend.
    Shelnut’s Canadian attorney submitted a Brief of Law contesting personal jurisdiction. In
    an order dated December 4, 1989, the Canadian court exercised its “jurisdiction over the
    1
    All dollar amounts are in U.S. dollars.
    2
    matters of interim custody, interim child maintenance and interim spousal maintenance.”
    The court ordered Shelnut to pay child support of $300 for the month of December 1989.
    The court deferred “matters of access, ongoing interim child maintenance and interim spousal
    maintenance.” On January 17, 1990, another order was entered in which Shelnut was
    ordered to pay ongoing child support of $325 per month, beginning February 1, 1990. On
    May 2, 1990, Shelnut filed a divorce complaint in the Chancery Court of the First Judicial
    District of Hinds County, but never obtained service on Kern.
    ¶6.    In June 1990, the Canadian court entered an order declaring that a divorce was
    granted, to take effect thirty-one days from the date of judgment, unless appealed. The two-
    page divorce judgment granted custody of Margaret-Anne to Kern, and ordered Shelnut to
    pay child support of $325 per month, with the payments to be made through the Maintenance
    Enforcement Office in Regina, Saskatchewan.2 Visitation and alimony were not mentioned.
    Shelnut asserts that he was not given notice of the divorce hearing until he received the
    judgment in the mail. He further asserts that he received the judgment three days before the
    divorce was final. He testified that he chose not to pursue an appeal. Shelnut testified that
    he consulted with a Canadian lawyer who told him that such an appeal would require a
    $16,000 retainer and was not likely to be successful.
    ¶7.    In September 1990, the Mississippi divorce complaint was consolidated with his
    earlier custody filing. The consolidated complaint was dismissed for mootness by an order
    dated January 8, 1991. The order acknowledged the Canadian court’s jurisdiction to grant
    2
    The Maintenance Enforcement Office in Regina has maintained Statements of
    Arrears from the 1990 court orders since that time.
    3
    a divorce and stated that “no purpose could be served by pursuing a divorce in . . .
    Mississippi.” No appeal was taken of this order.
    ¶8.    On January 25, 1999, Kern registered the Canadian judgments for enforcement in
    Mississippi, through the Mississippi Department of Human Services (“MDHS”). Margaret-
    Anne was then twelve years old. In August 1999, the Chancery Court of the Second Judicial
    District of Hinds County dismissed the attempt to enforce the Canadian judgments. The
    chancellor ruled that the divorce was valid, but that the Canadian court lacked the required
    personal jurisdiction over Shelnut to require him to pay child support.
    ¶9.    This Court reversed the chancery court in Shelnut I, holding that the personal
    jurisdiction issue was barred by res judicata, because Shelnut had challenged personal
    jurisdiction in Canada and had lost. The Shelnut I Court ruled that the Canadian court had
    jurisdiction over both of the parties and the dissolution of the marriage. The case was
    remanded to chancery court for enforcement. See Shelnut I, 772 So. 2d at 1041. Shelnut
    did not file a motion for reconsideration.
    ¶10.   In September 2003, Shelnut moved to dismiss the enforcement action for failure to
    prosecute. The chancery court entered a judgment of dismissal after MDHS failed to
    respond. In November 2003, MDHS successfully moved to set aside the dismissal. In
    September 2005, MDHS filed a Notice of Registration Amended. Margaret-Anne was then
    nineteen years old. Shelnut contested the amended registration, but waited two years before
    claiming that MDHS had not sought leave of the court to amend.
    ¶11.   The chancery court held a hearing in September 2007 on the amended registration of
    the Canadian order. The chancellor ruled from the bench that the hearing would be “treat[ed]
    4
    as a new hearing for all purposes.” In his memorandum opinion, the chancellor ruled that
    the Canadian judgments would be enrolled for enforcement. The opinion included a ruling
    that the 2005 amended registration was proper under Mississippi Rule of Civil Procedure
    15(a) and related back to the 1999 registration in accordance with Rule15(c), as the action
    was one and the same.3 Thus, the registration was timely because it related back to 1999,
    when Margaret-Anne was twelve and age of majority was not at issue. Later, the chancellor
    issued an amended opinion, clarifying his determination that the applicable age of majority
    in Canada was eighteen. Based on this determination, he ruled that the accrual of child
    support would cease on Margaret-Anne’s eighteenth birthday, July 31, 2004.
    ¶12.   Over the course of these proceedings, MDHS informed the chancery court that it
    represented Kern in the child-support action. MDHS made no representation that it was
    representing Margaret-Anne. Margaret-Anne has not filed any pleadings in this matter, nor
    has she appeared as a party.
    ¶13.   Shelnut has not honored any Canadian orders and has never paid any child support.
    Except for a brief conversation during a court hearing in 1991, he has not seen or spoken to
    his daughter since 1989. Apart from temporary work assignments, Shelnut has remained in
    Mississippi, while Kern and Margaret-Anne have remained in Canada.
    3
    The only differences in the 1999 and 2005 registrations were the date and the
    amount of arrearage.
    5
    ISSUES
    ¶14.   This court will consider:
    (1) Whether the chancellor erred in holding that Shelnut’s arguments against
    Canadian jurisdiction are precluded by this Court’s holding in Shelnut I.
    (2) Whether Kern’s conduct provided Shelnut a legal excuse for failing to pay
    child support.
    (3) Whether the chancellor erred in determining the applicable age of majority
    under Canadian law.
    (4) Whether the 1999 and 2005 registrations were timely.
    (5) Whether the chancellor erred in holding that the 2005 Notice of
    Registration should be treated as an amended complaint and, if not, whether
    he erred in relating it back to the 1999 registration.
    (6) Whether Margaret-Anne is a necessary party.
    (7) Whether the chancellor was biased to such an extent that Shelnut was not
    afforded a neutral forum.
    STANDARD OF REVIEW
    ¶15.   "This Court will not disturb the findings of a chancellor when supported by substantial
    evidence unless the chancellor abused his discretion, was manifestly wrong, clearly
    erroneous or an erroneous legal standard was applied." Sanderson v. Sanderson, 
    824 So. 2d
     623, 625-626 (Miss. 2002). However, “[r]egarding legal questions, this Court applies a
    de novo standard of review.” Wilburn v. Wilburn, 
    991 So. 2d 1185
    , 1190 (Miss. 2008).
    ANALYSIS
    I.     Whether the chancellor erred in holding that Shelnut’s arguments
    against Canadian jurisdiction are precluded by this Court’s
    holding in Shelnut I.
    6
    ¶16.   Shelnut I lists the alternatives a person has when served with a suit from another
    jurisdiction, as follows:
    First, he may ignore the complaint and summons, and, then, if a default
    judgment is issued against him, he may challenge that judgment on
    jurisdictional grounds in a collateral proceeding when the plaintiff seeks to
    enforce the judgment. Second, he may voluntarily waive any lack of personal
    jurisdiction and submit to the distant court's jurisdiction. And third, he may
    submit to the jurisdiction of the court for the limited purpose of challenging
    jurisdiction. The Supreme Court has explained that by taking this third route,
    . . . ‘the defendant agrees to abide by that court's determination on the issue of
    jurisdiction: That decision will be res judicata on that issue in any further
    proceedings.’
    Shelnut I, 772 So. 2d at 1045-46 (quoting Ins. Corp. of Ireland v. Compagnie Des Bauxites
    De Guinee, 
    456 U.S. 694
    , 
    102 S. Ct. 2099
    , 
    72 L. Ed. 2d 492
     (1982)) (internal cites omitted).
    In the first case, Shelnut conceded that he had received sufficient service of process for the
    Canadian actions. See Shelnut I, 772 So. 2d at 1046 n.3. He responded to the Canadian
    complaint by raising the issue of personal jurisdiction. His Canadian lawyer also submitted
    a Brief of Law on this issue. After asserting its jurisdiction, the Canadian court issued a
    judgment granting a divorce and ordering Shelnut to pay child support. Shelnut was mailed
    a copy of the Canadian judgment in time to appeal it, but chose not to do so. Later, in
    chancery court, he argued that he could collaterally attack jurisdiction after losing a challenge
    on the same issue in Canada. This Court ruled that he had taken the third route and that res
    judicata applied to the Canadian decision. See id. at 1046-48. After Shelnut I was decided,
    if he still felt aggrieved, he had the option of filing a motion for rehearing, but he chose not
    to do so.
    7
    ¶17.   Shelnut seeks to retry an issue decided in Shelnut I, lack of personal jurisdiction.
    Shelnut now asserts that he received process only in the first Canadian proceeding, but
    cannot recall receiving service of process as to the second proceeding (divorce and child
    support). He asserts that because the orders bear different UFC numbers, separate actions
    must have been filed. However, he offered no proof at trial that two separate actions were
    filed. Citing the lack of proof, and this Court’s holding in Shelnut I, the chancellor found
    that there was only one Canadian action.
    ¶18.   We conclude that Shelnut has exhausted his right to another day in court, both in
    Saskatchewan and Mississippi. The chancellor did not err in holding that new arguments
    over Canadian jurisdiction are precluded.
    II.    Whether Kern’s conduct provided Shelnut a legal excuse for failing
    to pay child support.
    ¶19.   Shelnut argues that Cole v. Hood, 
    371 So. 2d 861
     (Miss. 1979), provides a legal
    excuse for him to avoid paying child support. In Cole, the mother took the children and
    actively hid them from their father by moving around the country and not informing the
    father of their addresses. Despite the father’s efforts, he was unable to find the children for
    eight years. Once he did find them, the mother then attempted to enforce a child-support
    order against him for the accrued support for those eight years. See id. at 863. This Court
    affirmed the trial court’s dismissal of the mother’s claim. The trial court had held that she
    did not come to equity with clean hands. Her actions had made it impossible for the father
    to comply with the child-support order. See id. at 864.
    8
    ¶20.   The facts in this case are more like those of Cunliffe v. Swartzfager, 
    437 So. 2d 43
    (Miss. 1983). In Cunliffe, the wife took the child to a foreign country and the father did not
    see his child for several years. See id. at 44. This Court reversed the trial court (in part),
    which had followed Cole in relieving the father of the requirement to pay. See id. at 45-46.
    This Court reasoned that it was not impossible for the father to pay. See id. at 45-46. He
    knew generally where the child was and could have paid the support through his former
    wife’s relatives, who knew her address. See id. at 45-46.
    ¶21.   The chancellor made a finding of fact that “Shelnut knew all along where his daughter
    was and Kern did not hide his daughter from him.” The chancellor found the following
    testimony persuasive: (1) When asked how his daughter had survived, Shelnut stated that
    Kern had a wealthy family.4 (2) Shelnut’s parents went several times to visit Margaret-Anne.
    This included one trip to North Dakota in which Shelnut’s parents took Margaret-Anne’s
    Mississippi cousins to visit with her. Even though Shelnut was aware of these visits, he
    never showed any interest in joining his parents on any of these trips. (3) When asked why
    he did not seek a modification of the Canadian orders, Shelnut replied that he could not
    afford it. The court gave little credence to this response, observing that Shelnut has been able
    to hire several lawyers to help him avoid his responsibilities over the last two decades. (4)
    Shelnut had Margaret-Anne’s address during this time, as he showed by mailing letters,
    cards, and gifts to Margaret-Anne over a ten-year period. (5) In addition, Kern sent cards,
    pictures and letters, including return addresses, to Shelnut’s family.
    4
    The chancellor concluded that Shelnut believes that support of his child is
    someone else’s responsibility.
    9
    ¶22.      We conclude that Kern’s conduct, coupled with Shelnut’s inaction in the Canadian
    courts, does not provide a legal excuse for failing to pay child support. Shelnut knew
    generally where Margaret-Anne was and could have paid the support through the
    Maintenance Support Office, as ordered. We find no error in the chancellor’s analysis and
    ruling.
    III.   Whether the chancellor erred in determining the applicable age of
    majority under Canadian law.
    ¶23.      With some exceptions inapplicable to this issue, Mississippi Code Annotated section
    93-25-87 calls for the issuing state’s law to apply under the Uniform Interstate Support Act
    (“UIFSA”). See Miss. Code Ann. § 93-25-87(1) (Rev. 2004). That act defines “state” to
    include “[a] foreign country or political subdivision jurisdiction that . . . has enacted a law
    or established procedures for issuance and enforcement of support orders which are
    substantially similar to the procedures under this chapter.” Miss. Code Ann. § 93-25-3(u)(ii)
    (Rev. 2004). Saskatchewan enacted the Reciprocal Enforcement of Maintenance Orders Act
    in 1996. See The Reciprocal Enforcement of Maintenance Orders Act, S.S., ch. R-4.2
    (1996).
    ¶24.      After reviewing the Canadian Divorce Act and the Family Maintenance Act,5 the
    chancellor determined that the age of majority in Saskatchewan is eighteen. Shelnut argued
    an outdated version of the Canadian divorce act which stated:
    5
    The Family Maintenance Act is in force in Saskatchewan. “Child” is defined as
    “a person who is under the age of 18 years.” The Family Maintenance Act, S.S., ch. F-
    6.2, s.2 (1997).
    10
    1. This Act may be cited as the Divorce Act.
    2. (1) In this Act, . . . “child of the marriage” means a child of two spouses or
    former spouses who, at the material time,
    (a) is under the age of sixteen years, or
    (b) is sixteen years of age or over and under their charge but unable, by reason
    of illness, disability or other cause, to withdraw from their charge or to obtain
    the necessaries of life; . . . .
    However, the current version of this Act states the following:
    2. (1) In this Act, . . . "age of majority," in respect of a child, means the age of
    majority as determined by the laws of the province where the child ordinarily
    resides . . . .
    Divorce Act, 1985 R.S.C., 1985, ch. 3 (2nd Supp) (Can.) (emphasis added).
    ¶25.   Saskatchewan’s Age of Majority Act makes eighteen the age of majority in that
    province:
    Every person attains the age of majority and ceases to be a minor on attaining
    the age of eighteen years.
    The Age of Majority Act, R.S.S., ch. A-6, s.2 (1978).
    ¶26.   The 1990 divorce judgment cites the authority of the Canadian Divorce Act, a federal
    law applicable in Saskatchewan. Margaret-Anne has been a resident of Saskatchewan since
    1989, so the Age of Majority Act, a Saskatchewan provincial statute, would apply to her.
    Thus, we conclude that the chancellor did not err in determining that eighteen is the
    applicable age of majority.
    IV.    Whether the 1999 and 2005 registrations were timely.
    A. The 1999 Registration
    ¶27.   Under the UIFSA, a child-support order “is registered when the order is filed in the
    registering tribunal of this state.” Miss. Code Ann. § 93-25-85(1) (Rev. 2004). MDHS first
    11
    registered the Canadian order (issued June 1990) in January 1999, when Margaret-Anne was
    twelve.
    ¶28.      In actions for arrears of child support, UIFSA’s choice-of-law provision allows use
    of either Mississippi’s statute of limitations or that of the issuing state, whichever is longer.
    See Miss. Code Ann. § 93-25-87(2) (Rev. 2004). The chancellor used Mississippi law.
    ¶29.   Mississippi’s applicable statute of limitations requires actions to be commenced
    within three years against Mississippi residents, such as Shelnut.
    All actions founded on any judgment or decree rendered by any court of record
    without this state shall be brought within seven years after the rendition of
    such judgment or decree, and not after. However, if the person against whom
    such judgment or decree was or shall be rendered, was, or shall be at the time
    of the institution of the action, a resident of this state, such action, founded on
    such judgment or decree, shall be commenced within three years next after the
    rendition thereof, and not after.
    Miss. Code Ann. § 15-1-45 (Rev. 2003). However, the statute is tolled while the child
    remains a minor:
    If any person entitled to bring any of the personal actions mentioned shall, at
    the time at which the cause of action accrued, be under the disability of infancy
    or unsoundness of mind, he may bring the actions within the times in this
    chapter respectively limited, after his disability shall be removed as provided
    by law . . . .
    Miss. Code Ann. § 15-1-59 (Rev. 2003).
    ¶30.   In Wilson v. Wilson, 
    464 So. 2d 496
     (Miss. 1985), a mother brought a contempt action
    twenty years after a divorce decree. Both children were emancipated, but the seven-year
    statute of limitations had not run. See id. at 497. This Court recognized that child support
    is a legal duty owed to the child. Even though the action must be brought by a guardian who
    is not under the disability, the statute of limitations is tolled until the disability of infancy is
    12
    removed upon emancipation. See id. at 498 (citing Weir v. Monahan, 
    67 Miss. 434
    , 
    7 So. 291
     (1889)). The Wilson court detailed the philosophy behind this rule as follows:
    To allow the statute of limitations to run during the disability of the minor, the
    very period through which the minor needs and is entitled to the support of his
    parents, would defy reason. To bar the child because of a parent's failure to
    timely assert the child's claim for support is to deprive the child of that support
    which belongs to him for reasons over which the child has no control.
    Wilson, 464 So. 2d at 499. In Vice v. Dep’t of Human Servs., 
    702 So. 2d 397
     (Miss. 1997),
    this Court followed Wilson, affirming a judgment in which a child-support order was
    enforced even though it was brought six years after the order. Vice, 702 So. 2d at 398.
    ¶31.   The three-year statute of limitations applicable to Shelnut under Mississippi law was
    tolled while Margaret-Anne remained a minor. The tolling applied to Kern and MDHS,
    though neither was under such a disability. Margaret-Anne was twelve years old in January,
    1999. Therefore, we conclude that the 1999 registration was timely.
    B. The 2005 Registration
    ¶32.   The Vice and Wilson cases allowed support orders to be enforced even though they
    were brought years after the children had become emancipated. In Vice, this court stated,
    “That the child has been emancipated does not pretermit recovery of vested but unpaid child
    support.” Id. at 401 (quoting Varner v. Varner, 
    588 So. 2d 428
     (Miss. 1991)). “We have
    plainly allowed parents to sue to obtain unpaid child support where the children have been
    emancipated at the time of the suit.” Id. at 402 (citing Wilson, 464 So. 2d at 496; Varner,
    588 So. 2d at 428).
    ¶33.   The three-year statute of limitations applicable to Shelnut under Mississippi law was
    tolled while Margaret-Anne remained a minor. Tolling ceased when she became eighteen
    13
    (the Saskatchewan age of majority) on July 31, 2004. Kern and MDHS then had three years
    to register the order.    The order was registered by the submission of the Notice of
    Registration Amended in September 2005. Margaret-Anne was then nineteen years old.
    Thus, we conclude that the 2005 registration was timely, and would have been so, even if it
    were the first attempt to enforce the order. We find no error as to this issue.
    V.     Whether the chancellor erred in holding that the 2005 Notice of
    Registration should be treated as an amended complaint and, if
    not, whether he erred in relating it back to the 1999 registration.
    ¶34.   The chancellor’s determination of the age of majority was not essential to the
    judgment, but only to the calculation of the amount due. The chancellor based his judgment
    on his finding that the 2005 registration was an amended complaint which should relate back
    to 1999, when age of majority was not at issue. The chancellor set the entitlement to child
    support to the date of Margaret-Anne’s eighteenth birthday, July 31, 2004. As eighteen is
    the applicable age of majority, even if the 2005 registration were the first attempt to register
    this judgment, we hold that the statute of limitations would still not bar it.
    ¶35.   Further, the issue was not raised in the 2005 motion to contest the validity of the
    order, but was first raised two years later in the Motion to Dismiss; thus, the issue was
    waived by Shelnut. We find no error.
    VI.    Whether Margaret-Anne is a necessary party.
    ¶36.   In Vice, this Court held that, even though the child holds the legal right to accrued
    child support, a former custodial parent may sue to enforce an order even after the child has
    become emancipated. See Vice, 702 So. 2d at 401. See also Brown v. Brown, 
    822 So. 2d 1119
    , 1121 (Miss. Ct. App. 2002). “Either the child or the former custodial parent may
    14
    bring an action against the defaulting parent . . . .” Vice, 702 So. 2d at 401 (emphasis added).
    In Vice, the mother attempted to enforce a Louisiana child-support order for payments that
    accrued while she was supporting the children before they became emancipated. She filed
    two years after the child reached majority. See id. at 398.
    ¶37.   Shelnut’s reliance on Taylor v. Taylor, 
    478 So. 2d 310
     (Miss. 1985), is misplaced.
    In that case, the father attempted to modify a divorce settlement in which there had been no
    award of custody or child support because all the children were emancipated at the time of
    the divorce. See id. at 311-12.
    ¶38.   Either Margaret-Anne or Kern could have brought the action. MDHS, representing
    Kern, filed for enforcement. We find no error.
    VII.   Whether the chancellor was biased to such an extent that Shelnut
    was not afforded a neutral forum.
    ¶39.   Shelnut argues that questions and comments made by the chancellor show that he had
    a personal bias against Shelnut, thereby denying him a neutral forum. Shelnut directs this
    Court to the chancellor’s comment that he was not impressed with Shelnut’s self-serving
    testimony. Shelnut also claims in a post-trial motion that the court “stated to attorneys in
    chambers that it already knew how it would rule, but would allow [Shelnut] to attempt to
    make a case.” There is no record following these statements of a request for recusal.
    ¶40.   A judge is to be considered “qualified and unbiased unless evidence presented
    produces a reasonable doubt as to the judge’s impartiality.” Weeks v. City of Clinton (In re
    City of Clinton), 
    920 So. 2d 452
    , 458 (Miss. 2006) (quoting Turner v. State, 
    573 So. 2d 657
    ,
    678 (Miss. 1990)). An appeals court is to “ask whether ‘a reasonable person, knowing all
    15
    of the circumstances, would harbor doubts about . . . impartiality.’” Id. In In re City of
    Clinton, the chancellor made a statement of personal opinion that was not based on the
    applicable rule of decision in the case. This Court held that this alone was not evidence of
    disqualifying bias, but remanded to allow the chancellor to make the decision on the
    appropriate law and not on personal opinion. Here, the chancellor heard all the evidence
    from both sides and then issued a thoughtful opinion based on the appropriate law.
    ¶41.   The chancellor also commented on the credibility of a witness. In his memorandum
    opinion, the chancellor found that Shelnut’s testimony was “self-serving and wholly lacking
    in factual subtantiation.” However, the chancellor did not make an inappropriate comment
    showing disqualifying prejudice. He heard all the evidence, and at the conclusion of the
    evidence, based his opinion on the applicable law and his own findings of fact. Therefore,
    we conclude that Shelnut was not denied a neutral forum.
    CONCLUSION
    ¶42.   Based on the analysis above, except for the calculation of the judgment, we affirm the
    judgment of the Chancery Court of the Second Judicial District of Hinds County. We
    remand for the limited purpose of recalculating the judgment amount, taking into
    consideration the December 1989 and January 1990 Canadian orders, along with the
    statement of arrearages prepared by Saskatchewan Maintenance Enforcement Office,
    attached to the notice of registration.
    ¶43.   AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
    WALLER, C.J., CARLSON AND GRAVES, P.JJ., DICKINSON, LAMAR,
    KITCHENS, CHANDLER AND PIERCE, JJ., CONCUR.
    16