author: LAMAR, Justice,

text:
    Kenivel SMITH v. STATE of Mississippi.
    No. 2007-CT-00059-SCT.
    Supreme Court of Mississippi.
    Nov. 5, 2009.
    Rehearing Denied Jan. 28, 2010.

      George T. Holmes, Jackson, attorney for appellant.
    Office of the Attorney General by W. Glenn Watts, attorney for appellee.
   ON WRIT OF CERTIORARI

LAMAR, Justice,

for the Court.

¶ 1. Kenivel Smith was convicted of aggravated assault and sentenced to serve twenty years in the custody of the Mississippi Department of Corrections for the shooting of Andre Davis. At trial, Davis testified to a version of events different from that which he had first related to law enforcement officials, refusing to identify Smith as the shooter. During direct examination of Davis, the State introduced Davis’s written and recorded statements made to law enforcement shortly after the shooting, in which he had identified Smith as the shooter. The trial court allowed the statements as substantive evidence pursuant to Mississippi Rule of Evidence 804(b)(5). On appeal, the Court of Appeals reversed the circuit court, finding that the introduction of Davis’s statements violated both the Confrontation Clause of the United States Constitution and the Mississippi Rules of Evidence. The State filed a petition for writ of certiorari, which we granted.

FACTS AND PROCEDURAL HISTORY

¶ 2. The following facts are taken from the opinion of the Court of Appeals:

Shortly before midnight on December 28, 2004, Andre Davis was shot in the upper thigh after returning to his home in Tunica, Mississippi. Davis was treated at the local hospital that night and discharged to return home at approximately 3:00 a.m. the next morning. At approximately 9:00 a.m., Davis provided a brief written statement and a detailed audiotaped statement to Investigator Harold Harris of the Tunica County Sheriffs Department. In his written and audiotaped statements, Davis adamantly indicated that Smith shot him.
In his audiotaped statement, Davis explained that on the previous day he went hunting with several friends. According to Davis, while he was hunting, Smith went to Davis’s house and threatened Davis’s wife. Davis went on to state that after he returned home, Smith called him and accused him of stealing drugs that Smith hid in the area where Davis and his friends had been hunting rabbits. Smith told Davis that he wanted to meet to discuss the matter further. Davis complied and went to John Henry Wilson’s house. Wilson is Smith’s father. Additionally, Wilson’s home is across the street from Davis’s.
According to Davis’s audiotaped statement, Davis and Smith discussed the matter on Wilson’s porch. Davis reaffirmed that he did not know anything about any missing drugs. According to Davis, at that moment Smith opened the door and fired four shots at him. Davis reported that he ran back to his residence, while Smith continued to fire at him. When asked if he had seen the person who had shot him, Davis responded, “[y]es. I was face to face, like me and you are right now.” Authorities recovered nine shell casings in the street that were fired from a nine-millimeter pistol.

Smith v. State, 2008 WL 4482521, *3-5 (Miss.Ct.App. Oct.7, 2008).

¶ 3. Smith was indicted and tried for the aggravated assault of Davis by use of a firearm. At trial, the State presented three witnesses: Deputy Katie Johnson, the first officer to arrive at the scene; the victim, Andre Davis; and Detective Harold Harris, who conducted the investigation and took statements from Davis.

¶ 4. Davis testified that he had been rabbit hunting on the evening of December 29, and after he returned home, he heard shots and ran into his house. He testified that the shots came from across the street. Davis further stated that he was unaware that he had been shot until his nephew told him that he was bleeding. Davis also testified that he did not see Kenivel Smith on the day of the shooting. Prosecutors then questioned Davis about a written statement he had given to law enforcement officers the day after he was shot. Davis testified that he had given a written statement, but could not recall what he had said in the statement. The prosecution then produced Davis’s written statement to refresh his memory. Davis confirmed that the written statement was, in fact, his statement, and that he had told law enforcement that Smith had shot him “about some drugs.” Davis, however, stated that his memory of the incident had not been refreshed, even after reviewing the written statement.

¶ 5. Smith’s counsel objected to the introduction of Davis’s prior unsworn statements, arguing that admission of Davis’s prior statements would violate Smith’s constitutional right to confront witnesses against him. The trial court overruled the objection and allowed both Davis’s written statement as well as the audiotaped statement into evidence. The trial court found Davis to be “unavailable” due to “a lack of memory after reviewing the statement,” pursuant to Mississippi Rule of Evidence 804(a)(3), and allowed the statements into evidence under Mississippi Rule of Evidence 804(b)(5). The trial court also allowed a transcript of the audiotaped statement to be marked for identification and shown to the jury while the tape was played.

¶ 6. During direct examination, Davis clearly contradicted his previous statements, testifying that the shots he had heard came from across the street as he stood in his own yard. Davis further testified that he did not see the shooter and that he had identified Smith only because his nephew had told him that Smith was the shooter. During later cross-examination, Davis testified that his prior statements to law enforcement officers had been false.

¶ 7. Detective Harold Harris testified that he had arrived at the scene of the shooting and had taken over the investigation. Detective Harris stated that bullet casings were found in the street in a random pattern, indicating that the shooter was walking and shooting. Detective Harris further testified that he had met with Davis the next day and had taken a written and an audiotaped statement from Davis. Detective Harris stated that Davis identified Smith as the shooter in the statements. During cross-examination of Harris, Smith’s counsel offered Detective Harris’s report into evidence. The report stated, among other information, that Detective Harris “went and interviewed the victim (Andre Davis), and he told me that Kenivel Smith shot him over some DOPE.”

¶ 8. Smith was found guilty of aggravated assault and sentenced to serve twenty years in the custody of the Mississippi Department of Corrections. On appeal, the Court of Appeals reversed and remanded for a new trial, finding that the circuit court erred when it allowed the prosecution to admit Davis’s prior inconsistent statements into evidence. Id.

¶ 9. The Court of Appeals first found that Davis’s statements were testimonial hearsay, as contemplated by Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and as such, the statements were admissible only if Davis was unavailable and Smith had had a prior opportunity to cross-examine him. Smith, 2008 WL 4482521, at *52, 68. Further, the Court of Appeals found that, while the statements would have been admissible for impeachment purposes, it was error to allow the statements as substantive evidence under Mississippi Rule of Evidence 804(b)(5). The Court of Appeals concluded:

It is undisputed that Smith did not have an opportunity to cross-examine Davis when Davis provided his statements. That Smith had an opportunity to cross-examine Davis at trial does not necessarily cure the constitutional confrontation problem. While the distinction may appear slight, the “Davis” who testified at Smith’s trial was no longer the accusing witness against Smith. Smith’s true accusing witness was the “Davis” of December 29, 2004. Therefore, Smith was unable to confront his accuser, and the damage had already been done....
Having found that the circuit court erred when it allowed the prosecution to submit Davis’s prior statements in violation of Smith’s confrontation rights, that Davis’s prior statement was not admissible pursuant to any exception to the hearsay rule, and that the error was prejudicial to Smith and not harmless error, it is clear that Smith is entitled to a new trial. Under the facts presented in the record before us, admittance of Davis’s out-of-court statement was at worst a violation of Smith’s constitutional right to confront his accuser and, at best, a violation of the Mississippi Rules of Evidence as the statement constituted inadmissible hearsay. We are required to reverse the judgment of the circuit court and remand this matter for a new trial consistent with this opinion.

Id. at ¶¶ 24, 32.

¶ 10. From the decision of the Court of Appeals, this Court granted writ of certio-rari.

STANDARD OF REVIEW

¶ 11. This Court employs a de novo standard of review when presented with constitutional issues. Hayden v. State, 972 So.2d 525, 536 (Miss.2007). Our standard of review regarding admission or exclusion of evidence is abuse of discretion. Brown v. State, 965 So.2d 1023, 1026 (Miss.2007).

ANALYSIS

¶ 12. The question presented is whether the trial court erred in admitting Davis’s prior unsworn statements into evidence as substantive proof of Smith’s guilt. Answering this question requires an analysis of the Confrontation Clause of the United States Constitution, as well as an analysis of several distinct, but applicable, rules of evidence.

I. Is the introduction of Davis’s prior unsworn statement prohibited by Crawford when Davis testified at trial and was subject to cross-examination?

¶ 13. Relying on Crawford v. Washington, the Court of Appeals found that the introduction of Davis’s statements violated Smith’s Sixth Amendment right to confront his accuser. The Court of Appeals reasoned that, although Davis testified at trial and was subject to cross-examination, “the ‘Davis’ who testified at Smith’s trial was no longer the accusing witness against Smith.” Smith, 2008 WL 4482521, at *24. The Court of Appeals instead found that “Smith’s true accusing witness was the ‘Davis’ of December 29, 2004.” Id. According to the Court of Appeals, Smith must have been provided with an opportunity to cross-examine Davis at the time the statements were given in order for the statements to be admissible under Crawford. Because Smith had no such opportunity, the Court of Appeals found that admission of the statements violated Smith’s constitutional right to confront his accuser. Smith, 2008 WL 4482521, at *26. We find this reasoning to be flawed.

¶ 14. In Crawford, the U.S. Supreme Court set forth guidelines for the admission of a prior testimonial statement of a witness who does not testify at trial. Crawford, 541 U.S. at 68, 124 S.Ct. 1354. Pertinent to today’s analysis, Crawford clearly provided that “[w]hen the declarant appears for cross-examination at trial, the Confrontation Clause places no constraints at all on the use of his prior testimonial statements.” Crawford, 541 U.S. at 59, 124 S.Ct. 1354 (emphasis added). In other words, the analysis of whether prior testimonial statements must be excluded under the Crawford rule is necessary only when a witness does not appear for cross-examination at trial.

¶ 15. The Court of Appeals further found that Davis was not subject to cross-examination at trial because he was deemed unavailable to testify as a witness due to a lack of memory of the subject matter of his statement. Smith, 2008 WL 4482521, at *24. The U.S. Supreme Court has addressed the distinction between unavailability for confrontation purposes and unavailability for hearsay purposes, holding that whether a witness is deemed “unavailable to testify clue to memory loss” has no bearing on whether that witness should be regarded as “subject to cross-examination” on the witness stand. U.S. v. Owens, 484 U.S. 554, 562, 108 S.Ct. 838, 98 L.Ed.2d 951 (1988). In Oivens, a prison guard was attacked and beaten, resulting in a fractured skull and severely impaired memory. Id. at 556, 108 S.Ct. 838. At some point after the attack, he was able to identify his attacker to investigators. Id. However, at trial, he was unable to remember the identity of his assailant. Id. The Supreme Court found that his statement of identification was properly admitted pursuant to Rule 801(d)(1)(C) of the Federal Rules of Evidence. Id. at 564, 108 S.Ct. 838.

¶ 16. The Supreme Court explained that “[ojrdinarily, a witness is regarded as ‘subject to cross-examination’ when he is placed on the stand, under oath, and responds willingly to questions.” Id. at 561, 108 S.Ct. 838. The Court continued:

“[T]he Confrontation Clause guarantees only an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.” ... that opportunity is not denied when a witness testifies as to his current belief but is unable to recollect the reason for that belief. It is sufficient that the defendant has the opportunity to bring out such matters as the witness’ bias, his lack of care and attentiveness, his poor eyesight, and even ... the very fact that he has a bad memory. If the ability to inquire into these matters suffices to establish the constitutionally requisite opportunity for cross-examination when a witness testifies as to his current belief, the basis for which he cannot recall, we see no reason why it should not suffice when the witness’ past belief is introduced and he is unable to recollect the reason for that past belief. ... The weapons available to impugn the witness’ statement when memory loss is asserted will of course not always achieve success, but successful cross-examination is not the constitutional guarantee.

Id. at 559, 108 S.Ct. 838 (quoting Kentucky v. Stincer, 482 U.S. 730, 739, 107 S.Ct. 2658, 2664, 96 L.Ed.2d 631 (1987)).

¶ 17. The rule set forth by the Supreme Court in Crawford neither conflicts with nor abrogates its earlier holding in Owens. Crawford considered the admissibility of a prior statement made by a declarant who was absent from trial, while Owens considered the admissibility of a prior statement made by a declarant testifying at trial. Crawford, 541 U.S. at 68, 124 S.Ct. 1354; Owens, 484 U.S. at 556, 108 S.Ct. 838.

¶ 18. In the instant case, Davis’s appearance on the witness stand at trial provided Smith with the opportunity to confront and cross-examine him, which is all that is required by the Confrontation Clause and Crawford. Crawford,, 541 U.S. at 68, 124 S.Ct. 1354. We find that Smith’s Sixth Amendment right to confront his accuser, therefore, was not violated by the admission of Davis’s statements, and that the Court of Appeals erred in so finding.

II. Were Davis’s prior inconsistent statements properly admitted as substantive evidence of Smith’s guilt?

¶ 19. The trial court admitted Davis’s prior, unsworn, out-of-court statements to be used as substantive evidence of Smith’s guilt under Rule 804(b)(5). In fact, Davis’s prior statements to investigators were the only evidence which identified Smith as Davis’s assailant. Mississippi Rule of Evidence 804(b)(5) is a broad exception, allowing hearsay statements where the declarant is found to be unavailable as a witness. The court found Davis to be unavailable as a witness due to a lack of memory pursuant to Rule 804(a)(3), which provides that “unavailability as a witness includes situations in which the declarant testifies to a lack of memory of the subject matter of the statement.” Miss. R. Evid. 804(a)(3) (emphasis added).

¶ 20. Davis initially testified that he had given a written statement but could not remember what he had said in the statement. The State then presented Davis with his written statement to refresh his memory. Although he initially testified that his memory was not refreshed, Davis then testified that the statement was, in fact, his, and that he had told the police that Smith had shot him “about some drugs.” Davis further testified that the statement that Smith had shot him was based solely on information Davis had received from his nephew, not from what Davis had observed.

¶ 21. From a review of the record, it is clear that, while Davis first indicated that he did not remember what he told investigators, Davis never indicated a lack of memory as to what happened on the day of the shooting. To the contrary, Davis testified to a different version of events at trial than that which he had provided in his statements to law enforcement officials. In his prior statements, Davis unequivocally stated that he had seen Smith shoot him. At trial, Davis testified that he did not see Smith that day and did not see who shot him. The State sought to introduce these prior statements, not because Davis had no memory of the events, but because Davis had changed his story. We conclude that the trial court erred in finding that Davis was unavailable as a witness due to memory loss, and we see no reason to further analyze the requirements for admission under Rule 804(b)(5), including trustworthiness and notice. To allow the introduction of these prior inconsistent statements of Davis under Rule 804(b)(5) would allow the exception to swallow the rule.

¶ 22. Our precedent is clear that, while a prior inconsistent statement of a testifying witness can be used to impeach the witness’s credibility, it is not admissible as substantive evidence of the defendant’s guilt. In Magee v. Magee, 320 So.2d 779 (Miss.1975), we said that the introduction of a prior inconsistent statement “does not mean that the out-of-court statement became evidence on its merits or had any probative value.... The rule seems to be universal that the impeaching testimony does not establish or in any way tend to establish the truth of the matters contained in the out-of-court contradictory statements.” Id. at 783. Furthermore, this Court has ruled that “evidence of extra judicial statements made by a witness who is not a party and whose declarations are not binding as admissions is admissible only to impeach or discredit the witness and is not competent as substantive evidence of the facts to which such statements relate.... ” Hall v. State, 250 Miss. 253, 165 So.2d 345, 350 (1964) (emphasis added). See also Brown v. State, 556 So.2d 338 (Miss.1990) (finding that a witness’s prior inconsistent statements regarding the defendant’s admission of guilt were admissible for impeachment purposes only); Moffett v. State, 456 So.2d 714 (Miss.1984) (holding that in a capital murder case, the prior, inconsistent, unsworn, out-of-court statement used to impeach the State’s own witness was not admissible as substantive evidence); Davis v. State, 431 So.2d 468 (Miss.1983) (holding that evidence of extrajudicial statements by a non-party witness was admissible only for impeachment purposes); Sims v. State, 313 So.2d 388 (Miss.1975) (finding that a recanting witness’s statement that a defendant made incriminating statements was admissible only for impeachment purposes). While Davis’s prior inconsistent statements would have been admissible for impeachment purposes, we find that it was error to admit them as substantive evidence under Rule 804(b)(5).

¶ 23. The next question is whether the statements were otherwise admissible under our rules of evidence.

¶ 24. In 1977, before adopting our rules of evidence, this Court held that when the principal witness’s identification testimony is impeached, “independent evidence of the identification may be introduced through third persons present at the out-of-court identification.” Fells v. State, 345 So.2d 618, 622 (Miss.1977). This Court allowed the evidence for substantive purposes “because such evidence not only has greater probative force and thus preserves the better evidence, but also because the witness testifying is in court and is subject to cross-examination.” Id. This Court has more recently noted that, regardless of whether the witness has been impeached, the Mississippi Rules of Evidence, adopted in 1986, “provide that such identification evidence is not hearsay and is admissible as substantive material.” Livingston v. State, 519 So.2d 1218, 1221 (Miss.1988). Indeed, Mississippi Rule of Evidence 801(d)(1)(C) provides that a statement is not hearsay if “[t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is one of identification of a person made after perceiving the person.” Miss. R. Evid. 801(d)(1)(C). Our comment to the rule further explains its applicability and scope:

Rule 801(d)(1)(C), which declares that prior statements of identification made by a witness are not hearsay, is not a departure from pre-rule practice. The Court in Fells v. State, 345 So.2d 618 (Miss.1977), departed from the traditional view that such statements were hearsay by adopting what was then the minority view that statements of identification could be admitted as substantive evidence of that identification. The scope of the rule is broader than the Fells holding in that: (1) there is no need for a prior attempt to impeach the witness for the identifying statement to be admissible; (2) the testimony about the prior statement may be from the witness who made it or another person who heard it; (3) the witness who made the statement need not make an in-court identification; and (4) the statement may have been made either in or apart from an investigative procedure ....

Miss. R. Evid. 801(d)(1)(C).

¶ 25. Davis testified at Smith’s trial and was exhaustively subjected to cross-examination concerning the statements, as discussed supra. In his statements given during police investigation, Davis unequivocally identified Smith as the shooter. Davis gave his statements on December 29, 2004, the day after Davis perceived the man who had shot him. We find that these statements identifying the assailant would have been admissible as statements of identification pursuant to Mississippi Rule of Evidence 801(d)(1)(C). We recognize that the admitted statements contain more than a mere identification of the shooter, including statements regarding drugs as a possible motive for the shooting and threats made to Davis’s girlfriend. These portions of the statements should not have been admitted under Rule 801(d)(1)(C), as they were not statements of identification. However, “[t]he mere fact that the trial court committed error in an evidentiary ruling does not by itself warrant a reversal by this Court.” Peterson v. State, 671 So.2d 647, 656 (Miss.1996). “The trial court’s error must have affected a substantial right of the defendant.” Id. In making such a determination, we review “the evidence presented in the record as a whole.” Id.

¶ 26. After reviewing the trial testimony and comparing it to the audiotaped and written statements introduced into evidence, we find that the bulk of the information contained in the statements was cumulative to Davis’s testimony. Further, before introduction of the statements into evidence, Davis testified without objection that he told police investigators “Mr. Smith shot me up last night about some drugs.” We also note that Detective Harris, who recorded Smith’s statements, testified without objection that Davis had identified Smith as the shooter. In addition, Detective Harris’s report, admitted into evidence as defense exhibit D-l, stated that Davis “told me that Kenivel Smith shot him over some DOPE.” Upon consideration of “the record as a whole,” we find that the admission into evidence of those portions of Davis’s statements that contained information other than identification of the shooter was harmless and does not warrant reversal of the trial court.

¶ 27. The only contested issue in this case was the identity of the shooter. We already have found that the statements made by Davis to law enforcement officers on December 27 identifying Smith as the shooter were properly admitted under Rule 801(d)(1)(C). Such statements are not deemed to be hearsay and are admissible for substantive purposes. Therefore, we find that the record contained sufficient evidence to support the jury’s verdict.

CONCLUSION

¶ 28. Although Davis’s statements were not admissible for substantive purposes under Mississippi Rule of Evidence 804(b)(5) or as prior inconsistent statements, we find that they were admissible as statements of identification under Mississippi Rule of Evidence 801(d)(1)(C). “On appeal, we will affirm a decision of the circuit court where the right result is reached even though we may disagree with the reason for that result.” Puckett v. Stuckey, 633 So.2d 978, 980 (Miss.1993) (citing Stewart v. Walls, 534 So.2d 1033, 1035 (Miss.1988)). Ultimately, we conclude, as did the dissent in the Court of Appeals, that while “Smith did not receive a perfect trial,” he did in fact receive a “fair trial.” The judgment of the Court of Appeals is reversed, and the judgment of the Circuit Court of Tunica County is reinstated and affirmed, for the reasons set forth in this opinion.

¶ 29. THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED. THE JUDGMENT OF THE TUNICA COUNTY CIRCUIT COURT IS REINSTATED AND AFFIRMED. CONVICTION OF AGGRAVATED ASSAULT AND SENTENCE OF TWENTY (20) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AFFIRMED. THE SENTENCE IMPOSED IN THIS CAUSE SHALL BE SERVED CONSECUTIVELY WITH THE SENTENCES IMPOSED IN TUNICA CIRCUIT CAUSE NUMBERS 2005-0018 AND 2005-0019.

WALLER, C.J., CARLSON, P.J., DICKINSON, RANDOLPH, KITCHENS, CHANDLER AND PIERCE, JJ„ CONCUR. GRAVES, P.J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.

      . For a thorough recitation of Davis's extensive testimony, see the opinion of the Court of Appeals. Smith v. State, 2008 WL 4482521 (Miss.Ct.App. Oct.7, 2008).

      . Mississippi Rule of Evidence 804(a)(3) provides that “ jujnavailability as a witness’ includes situations in which the declarant testifies to a lack of memory of the subject matter of his statement.” Miss. R. Evid. 804(a)(3).

      . Mississippi Rule of Evidence 804(b) allows certain statements into evidence that otherwise would be excluded by the hearsay rule, if the declarant is unavailable as a witness. Mississippi Rule of Evidence 804(b)(5) provides:
      (5) Other exceptions. A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interest of justice will best be served by admission of the statement into evidence ....
      Miss. R. Evid. 804(b)(5).

      . Federal Rule of Evidence 801(d)(1)(C) is identical to Mississippi Rule of Evidence 801(d)(1)(C), and provides that "A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is one of identification of a person made after perceiving the person.’’ Fed. R.Evid. 801(d)(1)(C).

      . Davis's written statement was that "Mr. Smith shot me last night about some drugs I supposed had found.” In his audiotaped statement, Davis stated that Smith told him that Smith had hidden some drugs in the area Davis had been hunting and believed Davis to be the thief. Davis further detailed how, earlier that day, Smith had confronted Davis's girlfriend about the missing drugs.


source: Caselaw Access Project

author: RANDOLPH, Justice, PIERCE, Justice,

license: Public Domain

text:
    Perrin H. LOWREY v. Cynthia Nelson LOWREY.
    No. 2007-CA-01988-SCT.
    Supreme Court of Mississippi.
    Nov. 5, 2009.
    Rehearing Denied Jan. 28, 2010.

      Thomas T. Buchanan, Laurel, attorney for appellant.
    William Matthew Thompson, Mark A. Chinn, Jackson, attorneys for appellee.
   RANDOLPH, Justice,

for the Court.

¶ 1. Cynthia and Perrin Lowrey were married in 1983, separated in June 2002, and divorced in September 2002. Their union resulted in three daughters, Brittny, born in 1987, and twins, Erin and Emelie, born in 1991. Perrin was a schoolteacher and administrator in the Hattiesburg Public School District from 1975 until his retirement post-divorce. Cynthia was working at Winn-Dixie/Save Rite when the 2007 trial was held. In September 2002, a final judgment of divorce was entered. In March 2003, Cynthia moved for relief from that judgment, claiming that she had been overreached, and that the property settlement she had agreed to was inequitable. Her motion was overruled. Cynthia appealed. See Lowrey v. Lowrey, 919 So.2d 1112 (Miss.Ct.App.2005) (“Lowrey /”). The Court of Appeals affirmed the divorce, but reversed and remanded for further proceedings. Id. at 1119, 1122. The Court of Appeals held that Cynthia had been overreached, relying on a dubious proffer, and found that the property settlement was inadequate and unfair. Id. at 1122. The case was remanded “with instructions to resolve the unresolved matters of child custody, child visitation, child support, property division, and alimony....” Id. On remand, a different chancellor held hearings, issued limited findings of fact and conclusions of law, and entered a Judgment of Custody, Visitation, Support and Equitable Distribution of Marital Property.

¶ 2. The judgment ordered: (1) paramount physical custody of the three children to Perrin; (2) joint legal custody; (3) visitation for Emelie, Erin, and Brittny; (4) child support in the amount of $200 per month to be paid by Cynthia; (5) periodic alimony for Cynthia of $900 per month derived from the division of a marital asset, Perrin’s retirement account; and (6) division of home equity and personalty. From that judgment, with the exception of visitation, Perrin appeals and Cynthia cross-appeals.

ISSUES

¶ 3. The issues as filed by Perrin were:

1. THE CHANCERY COURT ERRED AS A MATTER OF LAW IN ITS FAILURE TO CONDUCT A PROPER FERGUSON ANALYSIS AND COMMITTED MANIFEST ERROR IN ITS FAILURE TO PROPERLY ACCOUNT FOR THE WASTE OF MARITAL ASSETS BY CYNTHIA LOWREY.
2. THE CHANCERY COURT ERRED AS A MATTER OF LAW AND COMMITTED MANIFEST ERROR IN ITS AWARD OF ALIMONY, FAILURE [TO] MAKE A PROPER ARMSTRONG ANALYSIS AND THE USE OF A FORMULA FOR AN AWARD OF ALIMONY WHICH IS UNSUPPORTED BY ANY SUBSTANTIAL, CREDIBLE EVIDENCE.
3. THE CHANCERY COURT ERRED AS A MATTER OF LAW AND FACT IN ITS CALCULATION OF CHILD SUPPORT.
4. THE DECISION OF THE CHANCERY COURT GRANTING THE PARTIES JOINT LEGAL CUSTODY OF THE MINOR CHILDREN IS NOT SUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE.
5. THE CHANCERY COURT ERRED AS A MATTER OF LAW AND ABUSED ITS DISCRETION WHEN IT DID NOT PROVIDE SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF LAW AS REQUESTED BY PERRIN.

¶ 4. Cynthia’s issues on cross-appeal were:

1. THE CHANCERY COURT ERRED IN FINDING DISSIPATION OF ASSETS (MARITAL WASTE) WHEN THE EVIDENCE PROVED NONE.
2. THE ALIMONY AWARD SHOULD BE REVIEWED IN LIGHT OF THE ERRONEOUS FINDING OF MARITAL WASTE.
3. PRIMARY PHYSICAL CUSTODY TO PERRIN WAS ERROR LEADING TO ERROR IN CHILD SUPPORT.

SUMMARY OF ARGUMENT

¶ 5. Perrin contends, inter alia, the following:

The ... overriding issue involved in each issue ... is whether a person who refuses to exercise any kind of personal responsibility and engages in destructive behavior — toward themselves, their family, or their children — should be awarded relief by a Chancery Court at the expense of others who do not engage in such behavior and whether or not the innocent parties should be penalized further for such behavior.
In this case Cynthia Lowrey had a gambling addiction so severe that it alienated her from her husband and children, destroyed her relationship with her family and wiped out all of the assets of the parties that were accumulated during the marriage, as well as separate assets of Perrin Lowrey from before the marriage.
The Chancery Court [then] invented its own formula to award alimony to a person who is employed, has a record of squandering every penny she has ever had on gambling, rather than on her children, and the Chancery Court failed to properly consider the Armstrong factors in its award of alimony.

¶ 6. Cynthia contends, inter alia, the following:

The finding of marital waste was improper .... This “waste” was subtracted from the amounts Cindy would have received and impacted, negatively her equitable distribution in excess of $122,000.... The Physical Child Custody award to Perrin was not in the best interest of the children.... The children need their mother just as Cindy needs a relationship with her daughters. Since there was error in the physical custody ... there is likewise error in an award of child support.
[I]n the event the physical custody award is upheld then the support award would be proper and consistent with the proof presented and warranted in light of the circumstance[s] specific to this case.
[A] Trial Exhibit demonstrated that $122,440.00 in checks were written to casinos out of Cynthia’s personal checking account between February 2000 and June 2002. This same amount $122,000 was charged to her by the Chancellor as dissipated assets.
Both Cynthia and Perrin contributed to the stability and harmony of the marriage until 1995, when problems began.

DISCUSSION

¶ 7. We fully recognize that chancellors are overburdened, and that many cases are tried “piecemeal.” Hearings can be, and often are, separated by weeks or even months, as occurred in this proceeding. Chancellors are required to follow the testimony of witnesses, review documents offered as exhibits, and attempt to make contemporaneous notes. Trial judges are not afforded the advantage of appellate courts to review the full record of a case without interruption. Recognition of these impediments is partially responsible for the development of our rules and caselaw requiring findings of fact and conclusions of law that analyze certain factors. Our rules provide parties the right to request chancellors to make specific findings of fact and conclusions of law. Factor tests, such as provided in Ferguson for property division and Armstrong for alimony, must be considered on the record in every case. See Ferguson v. Ferguson, 639 So.2d 921, 928 (Miss.1994); Armstrong v. Armstrong, 618 So.2d 1278, 1280 (Miss.1993). 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. Following these guidelines reduces unintended errors that may affect the court’s ultimate decision. The absence of an analysis of these factors and failure to apply the law to the facts at hand create error. 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 at 1280.

¶ 8. The minimal findings of fact and conclusions of law regarding equitable division resulting in alimony include findings without support in the record, fail to identify which factors the chancellor considered to be worthy of consideration vel non and, finally, fail to assign weight to the factors considered.

¶ 9. The trial court erred in awarding periodic alimony payments from marital assets established as of 2002, relying on events occurring after the date of divorce. Based on a 2006 hearing and the 2007 trial testimony of Cynthia and her psychologist, the chancellor found that Cynthia suffered from physical and emotional ailments, although the psychologist never reviewed Cynthia’s medical records, and no physicians testified. The court failed to compel Cynthia to produce medical records (after proper demand) for examination and verification in discovery or use at trial. The resolution date for the division of marital property should be, at the latest, the date of divorce, September 2002.

¶ 10. As the appropriate Ferguson and Armstrong tests were not set out and applied, combined with numerous other errors, we vacate the judgments of the chancellor for equitable distribution of marital assets, resulting in a lump-sum award of alimony, albeit called periodic, and the separate monetary award of $13,250 for equitable interest in the marital home and personalty, and remand for proceedings consistent with this opinion. The chancellor shall enter separate findings of fact and conclusions of law considering every applicable factor required by our precedent. See Ferguson, 639 So.2d at 928; Armstrong, 618 So.2d at 1280.

¶ 11. Regarding child custody, the best interest of the child is the polestar factor. See Albright v. Albright, 437 So.2d 1003, 1005 (Miss.1983). We find that the chancellor performed an Albright analysis, and that there is substantial evidence to support the chancellor’s decision to award Perrin physical custody. See id. However, regarding legal custody, we find that the chancellor applied an erroneous legal standard in granting joint legal custody. We reverse the chancery court and render judgment granting Perrin legal custody, in conformity with the chancellor’s findings of fact, per Albright. See id.

¶ 12. Regarding child support, we find that the chancellor deviated from the statutory guidelines without providing a legally-sufficient reason for doing so. See Miss. Code Ann. § 43-19-101 (Rev.2004). Thus, we reverse and remand this issue for consideration by the chancellor consistent with this opinion.

BACKGROUND

¶ 13. The marriage came to an abrupt end when in June 2002, Cynthia revealed not only that her severe gambling problem had wiped out the family’s assets, but that she had incurred massive debt. The unraveling of the marriage paralleled the time when Cynthia began work outside the home. Initially, Cynthia was a stay-at-home mother. In 1993, she began working outside the home at a grocery store on weekend nights. She later worked as a cashier, bookkeeper, and business manager. She admitted that, after work, she routinely stayed out most of the night with friends, and that, when she went home, she slept on the living-room sofa until late in the day. She took over the family’s living room as her bedroom. Perrin testified that, when he came home from work on Fridays, Cynthia would leave. He took care of the children until Monday morning. He further testified that Cynthia went out weeknights as well, three to four times per week. Cynthia admitted that, on several mornings each week, she slept while the children got ready for school. Brittny, who was twenty at the time of the trial, testified that the rest of the family had to be careful not to wake Cynthia as they got up and prepared to go out for the day. Brittny testified that this arrangement existed as far back as she could remember, and continued until Cynthia moved out of the house in 2002. Brittny testified that her father was always the primary caregiver. Cynthia’s former church pastor testified about the family relationship, but he had visited the Lowrey home only three to four times and could not offer an opinion on who had been the primary caregiver. Cynthia testified that, after she began to work full-time at a florist, she continued to stay out late at night and sleep late on the sofa. Although Cynthia told her family she was working late, her former employer testified that she was rarely required to work late, and not several times a week as Cynthia claimed. She was never required to work through the night, except the holidays of Mother’s Day and Valentine’s Day.

¶ 14. Perrin testified that, in 1995 or 1996, Cynthia confessed to him that she had been gambling excessively and had incurred a credit-card debt of approximately $12,000-14,000 that she could not pay back. The indebtedness had been charged to an AT & T card and other credit cards that Perrin had not known about previously. Perrin had not used the credit cards. He testified that he had not used any credit card since 1991. Perrin testified that Cynthia agreed at that time to stop gambling, and that they cut up the credit cards. He began to pay off the AT & T debt over time, and paid off the other cards in full, using $2,000 from his savings and $15,000 he had received from his grandmother’s estate.

¶ 15. Cynthia continued to gamble, unbeknownst to her family. She testified that the gambling increased markedly in 2000. She admitted that in 2001, she asked Perrin to take out a $30,000 home-equity account to pay off the AT & T credit-card balance, with the remainder to be used to remodel their house. However, no such remodeling occurred. The records of the home-equity account reveal that Cynthia withdrew $34,700 in less than a year (July 2001-June 2002). Perrin never made a withdrawal. He testified that he kept the account current by paying at least the minimum amount (ranging from $491 to $599) each month. The monthly payments totaled approximately $7,000. The monthly finance charges ranged from $97 up to $168.

¶ 16. Cynthia acknowledged that her gambling addiction had destroyed the marriage. She admitted that she was driving alone to casinos late at night. The records of her checking account for a limited period reveal that she wrote 380 checks to various casinos, totaling approximately $122,000, during a twenty-eight-month period from February 2000 until June 2002. She admitted that each check represented a separate round trip from their home in Hattiesburg to the coast casinos. Cynthia further admitted, and Brittny confirmed, that Cynthia had Brittny intercept and hide bank statements to prevent Perrin from discovering her gambling. The record reveals a later address change on the monthly statements for the home-equity account from their home address to her business address. The checking account stayed technically “in the black,” as the Lowreys’ savings account was automatically charged when a check was drawn on insufficient funds. These savings-to-checking transfers totaled an additional $4,841. In addition to the direct checks to the casinos, other checks included $8,760 for “Cash”; $29,400 for “Credit Payments” (cash-advance repayments); and $1,300 for “Other.” The checking account records, Cynthia’s admissions regarding gambling losses, and her failure to offer any reason other than gambling for the dissipation of these funds offer irrefutable evidence of wasteful dissipation and of her broken promise to Perrin to stop gambling and using credit cards. Cynthia testified that she went to the children, and told them she “had wasted a lot of money.” The records reveal payments of $19,521 were used to pay the house note. However, the testimony confirmed by the records revealed that Perrin deposited $1,500 per month into this account. Over the same twenty-eight months, a paucity of funds was spent on her family, $3,080: “Grocery” ($1,190), “Department Store” ($963), and “Children/Home” ($927).

¶ 17. Cynthia admitted that she had forged Perrin’s name on credit-card applications and had the bills sent to her work address. She admitted that she was using seven credit cards at that time in 2002 (“The A.T. & T. card.... Capitol One, Bank of America, First of America, McRae’s, Sears, First U.S.A. Bank.... ”). She admitted that she did not tell Perrin about these accounts until after she had lost her job at the florist, and after her employer had informed her that he was going to tell Perrin. Her employer testified that she had received bills at the work address. He also testified that Cynthia had the authority to write checks on his business to pay business expenses, but that she wrote checks to herself, which his wife discovered while he was in the hospital in 2002. He returned to work to find his business account was overdrawn, fired Cynthia and threatened to tell Perrin about her gambling and the credit cards.

¶ 18. At that time, Cynthia confessed to Perrin that her gambling had created excessive debt. That same night, Cynthia visited the Lowreys’ pastor. The next morning, Perrin and Cynthia met with the pastor for less than two hours. They discussed the possibility of counseling, but Perrin stated that he needed to determine the severity of the problems. When Per-rin realized the extent of the dilemma, he told Cynthia that he wanted a divorce. In July 2002, Perrin and Cynthia filed a joint divorce complaint, which included a property settlement agreement.

¶ 19. In a temporary-support hearing in 2006, at which no cross-examination was allowed, she claimed that, in the four years following the divorce, she had been living in her car most of the time — living, as the chancellor described it, “a spartan existence.” However, at trial in 2007, she testified that she had leased an apartment immediately upon separation and had lived there for more than a year. She was evicted from that apartment approximately eighteen months later because she failed to pay the rent. She then moved into another apartment, but eventually fell behind on the rent there as well. She further admitted that she had lived for more than a year in a home with members of her church. The church member, who owned the home, testified that she had lived there for eighteen months, buying some groceries and paying a portion of the utility expenses, for an estimated contribution of $300-400 per month. He stated that he did not know that she had disposable income of approximately $2,300 per month during this time. His testimony conflicted with Cynthia’s, for he testified that she had voluntarily moved out during the Fourth-of-July weekend in 2007 (two weeks before trial), and that she was welcome to return. The chancellor recognized that Cynthia’s living arrangements had been her own decision, stating that “just prior to trial [she] chose to live her nights in a combination of alternating one night in her automobile and one night in [a] hotel.... ” Although she admitted to a gambling relapse after her children stopped seeing her in 2003, Cynthia testified that she had not gambled in four years, and no longer had the desire to do so. However, another member of her church contradicted this testimony. He testified that he and his wife had seen Cynthia gambling at a slot machine in a Biloxi casino on a Friday night in July 2006, only three months prior to the October 2006 hearing.

¶ 20. Cynthia’s pay stubs reveal that she was working full time and had health-insurance coverage. She admitted that, right after the separation, she got a job. She testified that when she left that job, she already had a job at Winn-Dixie/Save Rite, where she remained emjoloyed during the 2007 trial. At trial, she testified that her pay rate was $9.29 per hour. Her 2007 financial statement (“8.05 statement”) asserted a monthly net income of $1,947, which included $750 in temporary support that had been ordered by the chancellor, based on her 2006 testimony. One of her 8.05 statements included a deduction of a $320-per-month garnishment on a BancorpSouth judgment that had been paid off before trial, and payment of a house note that she had not paid since the separation in 2002. She further testified that the furnishings she selected to take from the marital home in 2002 were kept in a rented storage unit. The 8.05 statements showed a deduction for that rental expense.

¶ 21. Perrin testified that, less than a week after the separation, he began to receive collection calls concerning the credit-card accounts Cynthia fraudulently had opened in his name. Eventually, he was able to get this debt forgiven. He received additional compensation in the settlement of these disputes. These charge-offs and post-divorce settlements did not reduce other debts he was required to pay during the marriage or the debts that he was saddled with after the separation and divorce.

¶22. Perrin remained responsible for the home mortgage, the home-equity line of credit, and the AT & T credit card. After the separation, with his own funds and a $42,000 loan from his sister, he paid off the bank on the home-equity account balance of approximately $30,000, as well as the AT & T credit-card balance of $13,900. Afterward, he paid $684 per month on the loan, while continuing to pay the first mortgage of $725 per month.

¶ 23. The chancellor found Perrin’s 2007 earning capacity and actual earnings were more than those of Cynthia, however, the findings of fact fail to address his expenses in maintaining the home for himself and their three daughters, raising three children (one in college), and repayment of debts not of his making. At the time of the divorce, no finding was made regarding his claimed negative net worth, and his claim that his expenses exceeded his income.

¶ 24. There was no testimony about the medical conditions Cynthia now alleges existed at the time of separation and divorce, save for a gambling addiction. Cynthia admitted this addiction had destroyed the family and resulted in the separation and divorce, followed by the estrangement of her children. The chancellor found that Cynthia’s personality traits had resulted in her addictive behavior and now her despair and anxiety.

ANALYSIS

¶ 25. Issues one, two, and five, as submitted by Perrin, are combined for discussion.

I. Equitable Division

¶ 26. “ ‘A chancellor’s findings of fact will not be disturbed unless manifestly wrong or clearly erroneous.’ ” Sanderson v. Sanderson, 824 So.2d 623, 625 (Miss.2002) (quoting Consol. Pipe & Supply Co. v. Cotter, 735 So.2d 958, 961 (Miss.1999)). “However, the Court will not hesitate to reverse if it finds the chancellor’s decision is manifestly wrong, or that the court applied an erroneous legal standard.” Owen v. Owen, 928 So.2d 156, 160 (Miss.2006). A chancellor’s conclusions of law are reviewed de novo. Chesney v. Chesney, 910 So.2d 1057, 1060 (Miss.2005) (citing Southerland v. Southerland, 875 So.2d 204, 206 (Miss.2004)). The distribution of marital assets in a divorce will be affirmed if “ ‘it is supported by substantial credible evidence.’ ” Bowen v. Bowen, 982 So.2d 385, 393-394 (Miss.2008) (quoting Owen, 928 So.2d at 160). A chancellor is required to make findings of fact regarding all applicable Ferguson factors. See Kilpatrick v. Kilpatrick, 732 So.2d 876, 881 (Miss.1999); Ferguson, 639 So.2d at 928. “[M]arital misconduct is a viable factor entitled to be given weight by the chancellor when the misconduct places a burden on the stability and harmony of the marital and family relationship.” Carrow v. Carrow, 642 So.2d 901, 904-05 (Miss.1994). See also Brabham v. Brabham,, 950 So.2d 1098, 1101-02 (Miss.Ct.App.2007). “[A]n equitable division of property does not necessarily mean an equal division of property.” Chamblee v. Chamblee, 637 So.2d 850, 863-64 (Miss.1994). “[Fjairness is the prevailing guideline in marital division.” Ferguson, 639 So.2d at 929. Here, the chancellor made findings of fact without support in the record and failed to identify the specific factors and weights given the limited factors interspersed in the opinion. He also failed to explain why certain factors were deemed inapplicable. The chancellor correctly found wasteful dissipation, but the amount the chancellor found is not supported by substantial evidence, resulting in manifest error, as revealed in the record before this Court. Additionally, there is no evidence that the market value of the retirement account at the time of the divorce was considered, although that evidence was admitted.

¶ 27. For purposes of determination of equitable division in this case, the date for determination would be either the date of separation (at the earliest) or the date of divorce (at the latest). “Cases appear to hold that, as a matter of law, property acquired during separation is marital unless a support order has been entered.... However, a few cases suggest that the issue is a question of fact for the chancellor to decide.... ” Bell on Mississippi Family Law at § 6.02[3][b] n. 58 (citing Stone v. Stone, 824 So.2d 645, 647-48 (Miss.Ct.App.2002); Aron v. Aron, 832 So.2d 1257, 1258-59 (Miss.Ct.App.2002)). Here, the record reveals no acquisition of assets between the two dates (late June and early September of 2002) that would alter that consideration. Thus, there is no legal basis for using a date after the date of divorce, as was done here. We agree that alimony, custody, and child-support proceedings should be determined at the time of hearing, for the result must consider the Armstrong factors for alimony and the Albright factors for custody at that time, and the chancellor also is required to take into consideration the statutory guidelines and exceptions regarding child support. See Armstrong, 618 So.2d at 1280; Albright, 437 So.2d at 1005; Miss. Code Ann. §§ 43-19-101, 43-19-103 (Rev. 2004). See also Rainer v. Rainer, 393 So.2d 475, 477-78 (Miss.1981); McKay v. McKay, 312 So.2d 12, 14 (Miss.1975).

¶28. Ferguson requires consideration of the following factors, or a finding of inapplicability:

1.Substantial contribution to the accumulation of the property. Factors to be considered in determining contribution are as follows:
a. Direct or indirect economic contribution to the acquisition of the property;
b. Contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties and duration of the marriage; and
c. Contribution to the education, training or other accomplishment bearing on the earning power of the spouse accumulating the assets.
2. The degree to which each spouse has expended, withdrawn or otherwise disposed of marital assets and any prior distribution of such assets by agreement, decree or otherwise.
3. The market value and the emotional value of the assets subject to distribution.
4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as property brought to the marriage by the parties and property acquired by inheritance or inter vivos gift by or to an individual spouse;
5. Tax and other economic consequences, and contractual or legal consequences to third parties, of the proposed distribution;
6. The extent to which property division may, with equity to both parties, be utilized to eliminate periodic payments and other potential sources of future friction between the parties;
7. The needs of the parties for financial secui’ity with due regard to the combination of assets, income and earning capacity; and,
8. Any other factor which in equity should be considered.

Ferguson, 639 So.2d at 928.

¶ 29. The failure to consider all applicable Ferguson factors is error and mandates reversal. See id. Thus, we reverse the judgment as to equitable distribution of marital property because the judgment failed: (1) to consider the market value of Perrin’s retirement account, (2) to calculate the correct amount of wasteful dissipation, and (3) to credit Per-rin for the marital and nonmarital assets that he expended, or was committed to expend, before the date of divorce.

¶ 30. In the first line of the analysis of the equitable division, the chancellor found that each party should get a “fair share” of the accumulated assets. The holding essentially finds that the marital assets should be split, but that Cynthia’s presumed share should receive deduction, because she “should pay her gambling debts.” The resulting division failed on both counts. It did not require Cynthia to pay the full amount of debt. The division grossly overcompensated Cynthia by engaging in a speculative analysis of a purported future income stream generated by the retirement benefits Perrin might receive during his purported life expectancy. His life expectancy was not presented for evidence, nor does the record reveal that the court took judicial notice of same. Finally, the analysis failed to reduce the purported future income stream to present net value, before deductions.

¶ 31. Without analysis of factor one, and an erroneous analysis of factor two, the court granted Cynthia forty percent of Perrin’s retirement benefits earned during the marriage. Ferguson factor 1(b) (“Contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties ....”) is particularly applicable here. Id. All can agree that a homemaker’s contribution is presumed to be equal to that of a wage-earner. See Hemsley v. Hemsley, 639 So.2d 909, 915 (Miss.1994) (“We assume for divorce purposes that the contributions and efforts of the marital partners, whether economic, domestic or otherwise are of equal value.”). However, we find that the Hemsley presumption must be measured against the Ferguson standard, the “contribution to the economic and emotional well-being of the family unit.” Ferguson, 639 So.2d at 929 (citing LaRue v. LaRue, 172 W.Va. 158, 304 S.E.2d 312, 322-23 (1983) (superseded by statute creating a right to equitable distribution)). In a separate opinion, two justices agreed with the Ferguson majority that “no ‘per se’ material contribution arises by virtue of the mere existence of a marriage.... ” Ferguson, 639 So.2d at 938 (Lee, P.J., concurring in part and dissenting in part) (emphasis in original). LaRue, which was cited extensively in Ferguson, stated the following:

the concept of homemaker services ... rests on a showing that the homemaker has contributed to the economic well-being of the family unit through the performance of the myriad of household and child-rearing tasks.... In valuing this service ... consideration should be given to the quality of the services. For example, a homemaker who, over the course of the marriage, has been frugal in the handling of homemaker expenditures and has thereby enhanced the family assets is entitled to a more equitable return than one who has been extravagant.

LaRue, 304 S.E.2d at 322-23. By her own admission, for years preceding the separation, Cynthia was a prodigious gambler. She offered no evidence to contradict other witnesses who testified that she had not contributed to the stability of the marriage since 1995, whether measured by quality or quantity of time. There is evidence that, early in the marriage, Cynthia contributed both as a homemaker and a wage-earner, but there is no credible evidence that she contributed to the family’s needs or to the stability and harmony of the marriage since 1995. See Appellee’s brief at 8. The record clearly reveals that in the 2000-2002 time frame, the majority of her time was devoted to gambling, as well as wasting family assets. Whether the chancellor took her lack of contribution to the family into account in assigning her share is not available for appellate review, as he did not provide any findings of fact or conclusions of law regarding this.

¶ 32. The chancellor did make a finding of fact regarding disposal of marital assets, but substantial evidence does not support the totality of the wasteful dissipation. Factor three (“market value”) was not considered by the chancellor, although evidence of the market value of the retirement account was admitted into evidence. See Ferguson, 639 So.2d at 928. Rather than consider that evidence, the chancellor conjured an erroneous future income stream based on Perrin’s post-divorce retirement, which the chancellor estimated would pay out more than $1.3 million, assuming a twenty-three-year life expectancy. The findings of fact failed to address factor four (“property brought to the marriage by the parties and property acquired by inheritance ... ”), even though both parties received inheritance money during the marriage. Id. Perrin testified that assets he brought into the marriage were dissipated. It is uncontested that Perrin had savings of $45,000 prior to the marriage ($20,000 from his father’s estate and $25,000 from the sale of a business). During the marriage, he received an inheritance of $15,000 from his grandmother’s estate. Cynthia received a $10,000 (undisclosed to Perrin) inheritance. The findings of fact fail to address factor five (“Tax and other economic consequences ... of the proposed distribution”) even though: (1) alimony was ordered (a deduction for Perrin and taxable income for Cynthia); and (2) the debt-repayment obligation upon Perrin has tax consequences and other economic consequences. Id. See 26 U.S.C. §§ 71(a), 163(h)(3)(A), 215(a) (2008). The findings of fact addressed factor six without citing it explicitly. Factors seven and eight (“needs,” and “[a]ny other factor which in equity should be considered”) were discussed. Id.

¶ 33. The chancellor found that two of the factors, Cynthia’s dissipation (both a Ferguson and an Armstrong factor) and her 2007 needs (an Armstrong factor by date), offset each other (based on her dubious testimony and her 8.05 statements, which also were contradicted by her testimony and other exhibits). See id.; Armstrong, 618 So.2d at 1280. Such an analysis is doubly in error. Cynthia’s dissipation was miscalculated, and the wrong dates were considered. “[Mjarital property accumulation continues until divorce.” Bell on Mississippi Family Law at § 6.02[3][b].

A. Wasteful dissipation

¶ 34. We find no fault in the chancellor’s finding that Cynthia dissipated assets due to her gambling addiction. Thus, Cynthia’s contention that there was no dissipation is without merit. This Court has held that gambling losses can be considered as dissipation in an equitable distribution of marital assets. See Craft v. Craft, 825 So.2d 605, 607, 611 (husband had net gambling losses of $67,000 over a three-to-four-year period). However, the amount of wasteful dissipation charged to Cynthia in the findings of fact, $122,000, significantly understates the amount dissipated and the timing of the waste. The findings state, “[Cynthia] ultimately expended assets, including marital assets, over a period of time resulting in approximately $122,000 in debt at the time of separation resulting from gambling from 1995 until 2002.” This finding fails to consider the totality of the dissipation amount, mischaracterizes the erroneous amount as debt, and errs as to the time period. Bank records entered as evidence reveal that Cynthia wrote $122,400 in checks to various coastal casinos from February 2000 until June 2002.

¶ 35. The finding fails to consider other substantial evidence available from the same bank records covering the same twenty-eight-month period. Cynthia wrote $8,760 in checks for cash from the account. The same records revealed she wrote checks on insufficient funds on numerous occasions, causing $4,841 to be transferred out of the couple’s savings account. She misspent nearly $35,000 from the home-equity account and ran the AT & T credit card up to a balance of $13,900. Payments from the checking account to pay credit-card advances totaled an additional $29,400. Perrin was paying and continues to repay some of the debts through repayments on the consolidated loan from Trustmark. Perrin testified that she also depleted their savings account and took other money from their daughters’ college fund.

¶ 36. The finding that Perrin’s actions caused his wife’s gambling problem is not supported by substantial evidence. The only evidence offered connecting Per-rin to gambling was that Perrin took Cynthia and their daughters to a work-related convention on the coast once a year. While on these trips, Perrin and Cynthia gambled between $50 and $100. There was no evidence that Perrin gambled at any other time or encouraged Cynthia to gamble. No evidence exists for the conclusion that these trips “brought on a condition of addiction,” or that Perrin “must feel some responsibility in initiating the gambling activities ...,” as no witness for either party, expert or lay, offered such evidence. The finding that Cynthia first informed Perrin of her gambling problem in 2001 is not in the record. Substantial evidence, whether testamentary or documentary, supports no other conclusion than that the depletion of marital assets was due to Cynthia’s excessive gambling, and not by any action of Perrin.

¶ 37. The chancellor found that Perrin substantially had contributed to the appreciation of the marital estate and should be credited for the heavy financial burden of repaying those debts incurred by Cynthia. However, if Perrin received credit for his efforts, it was in words only, for no calculation of credit can be discerned in the findings of fact and conclusions of law, or in the judgment. None of the debt repayment that Perrin had to make, or committed to make, duiing the marriage was credited. The findings of fact make no mention of Perrin’s paying off the debts Cynthia created, except to mention that Perrin successfully had challenged part of the debt, a benefit that also inured to her.

¶ 38. Repayment of gambling debts is not the type of domestic purpose in which nonmarital property would become marital when commingled. See Stewart v. Stewart, 864 So.2d 934, 937 (Miss.2003). In Stewart, the nonmarital property was a house that became a marital home when the homeowner remarried. Id. at 939. Use of nonmarital assets to pay off debts due to dissipation was not at issue in Stewart or in other cases in which the family-use doctrine has been applied. Debts incurred by a spouse pursuing goals other than the general welfare of the marriage are considered separate debt. See Garriga v. Garriga, 770 So.2d 978, 984 (Miss.Ct.App.2000) (funds used by a spouse to pursue an extramarital relationship were waste, requiring reimbursement to the marital estate). When other spouses have been found to have dissipated assets, the Court of Appeals has not been nearly so understanding of the dissipator’s “needs” as the chancellor has been here. See Brabham, 950 So.2d at 1101 (order granting wife ten percent of the value of husband’s retirement account upheld because of wife’s behavior, including diversion of marital assets, infidelity, and lack of financial or domestic contribution, which caused the termination of the marriage); King v. King, 946 So.2d 395, 404 (Miss.Ct.App.2006) (wife received the entire marital estate because of husband’s dissipation); Wolfe v. Wolfe, 766 So.2d 123, 129 (Miss.Ct.App.2000) (wife received the marital home because amount of husband’s dissipation equaled his share of the home equity).

¶ 39. Perhaps most illustrative of appropriate resolution of dissipation can be found in Dunaway v. Dunaway, 749 So.2d 1112 (Miss.Ct.App.1999). In Dunaway, the Court of Appeals found that the awarding of one-hundred-percent asset value of a husband’s dissipation to the wife resulted in an excessive award. Id. at 1119. The Dunaway court cut in half a portion of the wife’s award. Id. The court used the following analysis:

[W]e are nevertheless left with the conclusion that, to the extent the chancellor awarded to Mrs. Dunaway one hundred percent of those marital assets improperly dissipated by Mr. Dunaway, the award took on something of a punitive aspect. This is especially true in view of the chancellor’s apparent overall intention to make a roughly equal division of marital assets. Recognizing that this roughly equal division was the chancellor’s goal, we observe that, had Mr. Dunaway not dissipated those assets in the manner that he did, they would have been in that body of assets to be equally divided, thereby entitling Mr. Dunaway to approximately one-half of them. Though Mr. Dunaway’s conduct in disposing of these assets certainly warranted some relief, we conclude that returning to Mrs. Dunaway the one-half that was rightfully hers is adequate relief.

Id. Unlike the case sub judice, in Duna-way, the amount of dissipation was only a fraction of the total value of the marital estate, which was more than $1,000,000. See id. at 1115. Here, the dissipation amount exceeds the value of the marital estate at the time of the divorce (September 2002). Other than the equity in the home ($19,000) and the value of the couple’s vehicles ($3,500), and other personalty ($7,500), the only item of value to be considered in the marital estate was Per-rin’s retirement account. The findings of fact set the market value of the retirement account on the date of divorce at $83,077 in state retirement and $30,182 in deferred compensation. Had the chancellor ordered an equal distribution without consideration of fault or dissipation, and ignored other Ferguson factors, Cynthia would have received $54,640.65 for a nineteen-year marriage. Even if we were to accept the erroneous finding of $122,000 dissipation, we observe that, if Cynthia had not dissipated that amount, those assets would have been in the body of assets to be equitably divided. In that event, Cynthia’s claim to Perrin’s retirement vanishes. She should receive nothing from this account, as she already has spent more than her share. “Fairness and equity are two-way streets....” O’Neil v. Honeywell, Inc., 66 Conn.App. 332, 784 A.2d 428, 434 (2001).

¶ 40. The Court of Appeals followed the Dunaway decision with Childs v. Childs, 806 So.2d 273 (Miss.Ct.App.2000). In Childs, one spouse’s dissipation was more than twice the value of the marital estate. Id. at 275. The court unanimously affirmed the chancellor who had held that the dissipator should receive nothing in the distribution because she had “previously appropriated to herself more than four times what she would have been entitled to receive in equitable distribution.” Id. Unlike the Court of Appeals, this Court has not had occasion to address a case in which a spouse’s wasteful dissipation exceeds what would have been the value of the marital estate absent the wasteful dissipation. We are in accord with the holdings of the Court of Appeals in Cldlds and Dunaway. Accordingly, we adopt the rationale expressed therein, as we find it to be logically sound and, at the same time, it honors the tenets of equity. See Childs, 806 So.2d at 275; Dunaway, 749 So.2d at 1119.

B. Market Value

¶ 41. The record reveals that Perrin began his career as an educator in 1975, before he married Cynthia in 1983. The separation occurred in June 2002. At the time of the divorce, Perrin was employed, with a gross income of $6,963 per month, netting $4,160. However, the findings of fact consider events occurring post-divorce, i.e., his retirement, after which his income was $4,798. The findings refer to his life expectancy (from sources unknown, as no evidence was introduced) and no judicial knowledge of record is found to support a finding that he would receive $1,324,270 over the next twenty-three years. The court neither analyzed the present net value of the retirement account as of date of divorce, nor considered market value as required by Ferguson. See Ferguson, 639 So.2d at 928. Additionally, the judgment fails to consider factor six of Ferguson, “eliminate periodic payments and other potential sources of future friction between the parties.” Id.

¶ 42. According to the findings of fact and conclusions of law, the market value of the retirement account on the date of divorce was $83,077 in state retirement, and $30,182 set aside in deferred compensation. The chancellor found that seventy percent of total retirement benefits were accumulated during the marriage, but provided no analysis of how this number was derived. Presumably, it was calculated based on nineteen years (1983-2002) of marriage as the numerator, and twenty-seven years (1975-2002) during which Per-rin accrued benefits, as the denominator— the result being slightly more than seventy percent. But duration of the marriage is but one element of Ferguson factor one, for there must also be substantial contribution to the accumulation of property, direct or indirect contribution to the acquisition. See id. No analysis of the period from February 2000 to June 2002 accompanied the court’s findings. It would reveal that, of the $189,000 in deposits to the account, of which Perrin deposited $42,000, Cynthia spent a total of $1,190 on groceries, $963 in department stores, $927 on her children and home, and $19,521 on mortgage payments, without offering any evidence of how the remaining amount was spent.

C. Award of Periodic Alimony to Accomplish Division of Marital Property

¶43. In the “Equitable Distribution” section of the findings of fact and conclusions of law, the chancellor stated the following:

As a matter of law the court finds [Cynthia] should be entitled to a portion of [Perrin’s] accumulated retirement.... The court determines that [Cynthia] is entitled to forty percent of that accumulation ... in an award to [Cynthia] of $901.43 monthly as her portion of that marital asset, which shall be paid as periodic alimony.

¶ 44. “More than any other area of family law, alimony is in a state of transition and uncertainty.” Bell on Mississippi Family Law at 229. The original purpose was to enforce a husband’s duty to support his wife. Id. at § 9.01[1], It evolved into a “gender-neutral award based primarily on income disparity....” Id. at § 9.01[2], See also Orr v. Orr, 440 U.S. 268, 279-80, 99 S.Ct. 1102, 1112, 59 L.Ed.2d 306 (1979). Further, alimony has become a secondary remedy to property division. See Bell on Mississippi Family Law at §§ 9.01[2], 9.01[4][b]. “One of the goals of adopting equitable distribution was to alleviate the need for alimony.” Id. at § 9.01[5][d]. Our courts draw a distinction, albeit not a sharp one, between property division and alimony. The subject of alimony should not be broached unless and until the property division is complete. See Lauro, 847 So.2d at 848. Then, it should only be done after applying the Armstrong factors, as follows:

1. The income and expenses of the parties; 2. The health and earning capacities of the parties; 3. The needs of each party; 4. The obligations and assets of each party; 5. The length of the marriage; 6. The presence or absence of minor children in the home, which may require that one or both of the parties either pay, or personally provide, child care; 7. The age of the parties; 8. The standard of living of the parties, both during the marriage and at the time of the support determination; 9. The tax consequences of the spousal support order; 10. Fault or misconduct; 11. Wasteful dissipation of assets by either party; or 12. Any other factor deemed by the court to be “just and equitable” in connection with the setting of spousal support.

Armstrong, 618 So.2d at 1280. This Court has stated the following:

Alimony is considered only after the marital property has been equitably divided and the chancellor determines one spouse has suffered a deficit. “Division of marital assets is now governed under the law as stated in Hemsley and Ferguson. First, the character of the parties’ assets, i.e., marital or non-marital, must be determined pursuant to Hemsley. The marital property is then equitably divided, employing the Ferguson factors as guidelines, in light of each parties’ non-marital property. Ferguson, 639 So.2d at 928. If there are sufficient marital assets which, when equitably divided and considered with each spouse’s non-marital assets, will adequately provide for both parties, no more need be done. If the situation is such that an equitable division of marital property, considered with each party’s non-marital assets, leaves a deficit for one party, then alimony based on the value of non-marital assets should be considered.”

Lauro, 847 So.2d at 848 (quoting Johnson v. Johnson, 650 So.2d 1281, 1287 (Miss.1994)).

¶ 45. It is abundantly clear the award of lump-sum alimony, albeit deemed periodic alimony, was based on an errant division of marital property. We find ample support in the record that the chancellor was eminently correct in determining that wasteful dissipation occurred. Wasteful dissipation is, by definition, “to indulge in extravagant pursuit of pleasure.” Webster’s II New College Dictionary 330 (1995). If the chancellor finds on remand that the wasteful dissipation exceeded one-half of the value of the marital estate, no more need be done as to equitable distribution of marital assets.

II. Child Support

¶ 46. In the area of child support, this Court respects a chancellor’s findings of fact if they are supported by credible evidence and not manifestly wrong. R.K. v. J.K., 946 So.2d 764, 772 (Miss.2007). Mississippi Code Section 43-19-101(1) (Rev.2004) provides child-support guidelines that are entitled to a rebut-table presumption of correctness. See Chesney v. Chesney, 910 So.2d 1057, 1061 (Miss.2005). This Court will not affirm a child-support award that deviates from the statutory guidelines unless the chancellor “overcome[s] the rebuttable presumption ... by making an on-the-record finding that it would be unjust or inappropriate to apply the guidelines in the instant case.” Id.

¶ 47. Perrin argues that the chancellor’s child-support award deviates downward from the guidelines, and that the chancellor gave no reason for the deviation. The chancellor not only deviated from the statutory guidelines, he failed to consider all of Cynthia’s income in determining the amount.

¶48. The “Support” section of the chancellor’s findings of fact and conclusions of law follows here, in its entirety:

[Cynthia] shall pay child support of $200.00 each month, beginning October 1, 2007, to the office of the Chancery Clerk of Lamar County, Mississippi, determined as about fourteen percent of her base income of 1,500.00. The sooner the parties begin applying the basic principles of responsibility and entitlement, the better. A positive contribution of [Cynthia] toward the support and welfare of her children should over time, play a part in cementing relationships.

No reason is given for the deviation downward from the statutory guideline that calls for twenty-two percent for three children. See Miss.Code Ann. § 43-19-101 (Rev.2004). The findings of fact erroneously calculated Cynthia’s income as follows, “She is employed in a local food store earning about $1,500.00 monthly and currently received $750.00 monthly from [Per-rin] as temporary alimony or support, giving her $2,250.00 in monthly funds to live at this time.” The chancellor responded to Perrin’s motion for specific findings, “The support deviation was addressed with two of the parties^] children being estranged from [Cynthia].” In fact, all three girls are estranged, having made it clear that they cast their lot with their father, the primary caregiver. Estrangement is not a basis for deviation from statutory child-support guidelines and is not an excuse for failing to pay child support. See generally Shelnut v. Dep’t of Human Servs., 9 So.3d 359, 364 (Miss.2009); Cunliffe v. Swartzfager, 437 So.2d 43, 45 (Miss.1983). Cynthia’s income is comparable to that of many other noncustodial parents in Mississippi. Our courts have ordered full statutory payments from many others earning a similar income. See Gray v. Gray, 909 So.2d 108, 114 (Miss.Ct.App.2005) (noncustodial parent’s claim of low net income, $2,500 per month, did not prevent an $80 upward deviation); Lee v. Lee, 859 So.2d 408, 409 (Miss.Ct.App.2003) (affirmed $65 monthly child-support order from a parent whose only income was from social-security benefits); Lacey v. Lacey, 822 So.2d 1132, 1140 (Miss.Ct.App.2002) (affirmed child-support payment of $310 per month, which represented twenty percent of the payor’s adjusted gross income). Low income is not listed among the statutory criteria for overcoming the presumption in favor of the guidelines. See Miss.Code Ann. § 43-19-103 (Rev.2004).

¶49. In a similar case, this Court reversed a chancellor’s order of child support when no reason was given for deviation from the statutory guidelines. See Clausel v. Clausel, 714 So.2d 265, 267 (Miss.1998) (child support as ordered was more than three times higher than the guideline amount). The Clausel Court stated, “If the chancellor would make more on the record findings as to why he decides an issue or fact a certain way it would greatly decrease the chances of reversal of the decision by this Court.” Id. (quoting Dufour v. Dufour, 631 So.2d 192, 195 (Miss.1994)). Here, however, the chancellor first made no finding and then offered one without legal basis. An example of a properly-justified deviation from statutory child-support guidelines came in Gray. See Gray, 909 So.2d at 114 (upward deviation of $80 was justified by a father’s failure to take the children during his visitation periods, leading to increased expenses for the mother).

¶ 50. Therefore, we reverse the chancellor’s determination that Cynthia pay only $200 in monthly child support. Cynthia’s child-support appeal is without merit, as it was based upon a claim of error regarding child custody. Cynthia and Per-rin now have two college-age minor children. Perrin testified he has paid all child expenses, including providing for education and cars for the three children. According to the statutory guidelines, Cynthia should pay twenty percent of her current adjusted gross income. See Miss.Code Ann. § 43-19-101 (Rev.2004). We reverse on this issue, as the stated reason for deviation is legally insufficient, and remand for proceedings consistent with this opinion.

III. Child Custody

¶ 51. Reversal of child-custody decisions “occurs only if a chancellor is manifestly wrong or applied an erroneous legal standard. This Court will not reverse a chancery court’s factual findings, where there is substantial evidence in the record supporting these findings of fact.” Floyd v. Floyd, 949 So.2d 26, 28 (Miss.2007) (internal citations omitted). “[T]he polestar consideration in child custody cases is the best interest and welfare of the child.” Albright, 437 So.2d at 1005. In addition to the age of the child, the other factors are as follows:

[H]ealth, and sex of the child; a determination of the parent that has had the continuity of care prior to the separation; which has the best parenting skills and which has the willingness and capacity to provide primary child care; the employment of the parent and responsibilities of that employment; physical and mental health and age of the parents; emotional ties of parent and child; moral fitness of parents; the home, school and community record of the child; the preference of the child at the age sufficient to express a preference by law; stability of home environment and employment of each parent, and other factors relevant to the parent-child relationship.

Id. In the case sub judice, the court cited Albright and considered the applicable factors, including the best interests of the children. Id. at 1003.

¶ 52. Perrin testified that Cynthia had no relationship with her daughters for years leading up to the hearing. He never refused to allow the girls to have a relationship with their mother. He encouraged a relationship after the divorce. Per-rin stated that Cynthia had not telephoned the girls in three to four years. Although all the girls were busy with extracurricular activities, Cynthia showed little interest. Brittny was involved in theater, debate, and mock-trial events. Emelie played soccer, and Erin performed in plays. Cynthia testified that she had attended none of Emelie’s soccer matches, two of Erin’s plays and two of Brittny’s events, between 2002 and 2007. Brittny summed up her relationship with her mother by stating that she had grown “up without any kind of a mother figure that I could trust and talk to.” Brittny continued, “She hurt me in so many ways that I just have no need to talk to her anymore. I don’t see any sense in further hurting myself or making the situation any worse, because it’s real hard to believe that she could turn around all of a sudden and be a better person.”

¶ 53. Regarding physical custody, the chancellor was persuaded by the election of the children, the disparity in the physical and emotional health of the parents, and the recommendation of the guardian ad litem, in his decision to award physical custody to Perrin. Cynthia asserts that the chancellor erred in not awarding her primary physical custody. The chancellor found that Cynthia’s “parenting skills, employment responsibilities, her emotional and physical health, and stability of home environment all work against her custody at this time.” The guardian ad litem recommended that custody remain with Perrin, as he had been the children’s caregiver for the preceding several years. Thus, Cynthia’s arguments are without merit, as substantial credible evidence supports the chancellor’s decision to award physical custody to Perrin.

¶ 54. Regarding legal custody, the chancellor applied an erroneous legal standard, thus, his findings of fact do not support his conclusions of law. The chancellor granted joint custody, finding that Cynthia was “entitled to participate in and keep abreast of her offsprings’ activities and welfare.” “Joint Legal Custody” is defined by statute as meaning:

that the parents or parties share the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child. An award of joint legal custody obligates the parties to exchange information concerning the health, education and welfare of the minor child, and to confer with one another in the exercise of decision-making rights, responsibilities and authority.

Miss.Code Ann. § 93-5-24(5)(e) (Rev. 2004). The chancellor cited Cynthia’s “early continuity of care prior to the separation and the willingness to care for her children and emotional ties with her children.” Cynthia’s continuity of care ceased minimally seven years prior to separation, according to the record before this Court. Although she may have emotional ties to the children, no substantial evidence was presented to support her “willingness to care for the children.” The statute creates a presumption in favor of joint custody where the parents have agreed to it. See Miss.Code Ann. § 93-5-24(4) (Rev.2004). However, these parties have not agreed to joint custody. Legal custody means more than having information about one’s children; it means a sharing of “decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child.” Miss.Code Ann. § 93 — 5—24(5)(e) (Rev.2004). Concern for a parent’s access to information does not justify granting joint legal custody, as such access is guaranteed by statute, as follows:

Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental and school records, shall not be denied to a parent because the parent is not the child’s custodial parent.

Miss.Code Ann. § 93-5-24(8) (Rev.2004). The chancellor applied an erroneous legal standard; thus, we reverse and render. We grant full legal custody of the minor children to Perrin.

Conclusion

If 55. The judgment of the Chancery Court of Lamar County is vacated, save for its ruling on visitation. We reverse and render judgment regarding legal custody. We reverse and remand for proceedings consistent with this opinion as to all other issues.

¶ 56. ON DIRECT APPEAL: AFFIRMED IN PART; REVERSED AND RENDERED IN PART; REVERSED AND REMANDED IN PART. ON CROSS-APPEAL: AFFIRMED.

WALLER, C.J., CARLSON, P.J., DICKINSON, LAMAR, KITCHENS, AND CHANDLER, JJ., CONCUR. PIERCE, J., CONCURS IN PART AND IN RESULT WITH SEPARATE WRITTEN OPINION. GRAVES, P.J., NOT PARTICIPATING.

PIERCE, Justice,

concurring in part and in result.

¶ 57. I concur in part and in result with the majority’s opinion. However, I write separately to express my reasoning for only concurring in part. Because I believe the majority opinion crosses into the realm of the chancery judge by finding certain facts, I concur only in part.

¶ 58. I agree with the majority that we must reverse and remand on the issue of child support, as the trial court failed to detail why he deviated from the statutory guidelines. I also concur with the majority on its findings concerning child custody although for slightly different reasons. However, I concur in part and in result on the issues of alimony and property division, but I too would reverse and remand for a proper analysis by the chancellor using the Ferguson and Armstrong factors.

¶ 59. A chancellor sits as a fact-finder in resolving factual disputes, and is the sole judge of the credibility of witnesses. West v. Brewer, 579 So.2d 1261, 1263-64 (Miss.1991); Rice Researchers, Inc. v. Hitar, 512 So.2d 1259, 1265 (Miss.1987); Polk v. Polk, 559 So.2d 1048, 1049 (Miss.1990). On appeal, this Court is required to follow the “substantial evidence/manifest error” standard of review. West, 579 So.2d at 1264, quoting Stallings v. Bailey, 558 So.2d 858, 861 (Miss.1990). This Court does not sit to redetermine questions of fact. Johnson v. Black, 469 So.2d 88, 90 (Miss.1985). Further, we will not disturb a chancellor’s findings of fact when supported by substantial evidence unless an erroneous legal standard has been applied or is manifestly wrong. Westbrook v. Oglesbee, 606 So.2d 1142, 1145 (Miss.1992); Phillips v. Phillips, 555 So.2d 698, 701 (Miss.1989). Finally, when substantial evidence supports the chancellor’s findings, we will not disturb his conclusions, notwithstanding that we might have found otherwise as an original matter. Jim Murphy & Assocs., Inc. v. LeBleu, 511 So.2d 886, 894 (Miss.1987), aff'd 557 So.2d 526 (Miss.1990).

¶ 60. This case has experienced a tumultuous ride through the judicial system. I believe the Court of Appeals erred when it affirmed the divorce in its 2005 decision while, at the same time, reversing and remanding certain issues, finding that Cynthia had been overreached, and that the property settlement was inadequate and unfair. I believe, if indeed Cynthia had been overreached, the entire judgment of divorce should have been set aside and not just portions thereof. See Lauro v. Lauro, 847 So.2d 843, 849 (Miss.2003).

¶ 61. Nevertheless, I agree with the majority that physical custody was properly awarded to Perrin. I also agree that the record is lacking in adequate evidence and reasoning as to why joint legal custody was awarded. The Legislature has defined legal custody as “the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child.” Miss.Code Ann. § 93-5 — 24(5)(d) (Rev.2004). Joint legal custody requires the parents to “share the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child.” Miss.Code Ann. § 93-5-24(5)(e) (Rev.2004). Where the chancellor awards joint legal custody, the parents are obligated “to exchange information concerning the health, education and welfare of the minor child, and to confer with one another in the exercise of decision-making rights, responsibilities and authority.” Id.

¶ 62. Where child custody is being disputed, the chancellor’s findings will not be reversed unless manifestly wrong, clearly erroneous, or the proper legal standard was not applied. Hensarling v. Hensarling, 824 So.2d 583, 587 (Miss.2002). However, under the precise facts of the case sub judice, it is apparent that the decision of the chancellor was clearly erroneous regarding his ruling on legal custody.

¶ 63. There are times when an Albright analysis is conducted and the findings will be split or very close between the two parties. In many cases, there are two deserving parents desiring custody of their children. Where custody is awarded to one parent between two deserving parents, it is not reversible error to award joint legal custody. However, in this matter, there is no question as to whom the Al-bright analysis favors. There is little or no reason why joint legal custody was awarded, as the children will spend most, if not all, of their time with their father. It would make little sense that a parent with little or no contact with her children could make decisions in their best interest. Therefore, Cynthia should not be vested with the “decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child.” See Miss. Code Ann. § 93-5-24(5)(e) (Rev.2004). I believe it was error to award joint legal custody to both parents under the very specific facts of this case.

¶ 64. As for the property division and alimony, I will not restate the facts that were detailed in the majority’s lengthy opinion, nor include a detailed citation to the applicable law. When reviewing the record herein, I agree with the majority that the trial court did not accomplish a detailed Ferguson or Armstrong analysis which would afford this Court the opportunity to properly analyze this case pursuant this Court’s appropriate standard of review. However, I would stop there. In my view, the majority’s lengthy opinion at times determines the credibility of witnesses and impermissibly takes on the role of the fact-finder. As an appellate court dealing with a reversal of a chancellor for failure to apply a proper Ferguson or Armstrong analysis, we cannot substitute our judgment for his and therefore, must remand to the chancellor for a proper analysis.

¶ 65. I would reverse this case on all property and alimony issues and remand this matter to the chancellor below for a proper Ferguson and Armstrong analysis. I would also reverse and render on the issue of legal custody, and reverse and remand on the issue of child support.

      . The proffer was soundly overcome at trial.

      . The word "paramount” indicates a ranking or degree of custody. Thus, it has no significance here; Cynthia was not granted physical custody.

      . This was a misnomer. In cases where an award is warranted, the correct term is lump sum alimony paid over , time. See West v. West, 891 So.2d 203, 212 (Miss.2004); Deborah H. Bell, Bell on Mississippi Family Law §§ 9.02[2], 9.02[2]f (1st ed. 2005) ("Lump sum alimony is a fixed, certain sum.... Payment in installments does not alter the characteristics. ...”). See also Devore v. Devore, 725 So.2d 193, 198 (Miss.1998); Smith v. Smith, 614 So.2d 394, 397-98 (Miss.1993); East v. East, 775 So.2d 741, 745 (Miss.Ct.App.2000).

      . After the separation in 2002, Perrin paid off the home-equity account, as well the AT & T credit-card account (which had increased again by virtue of cash advances to Cynthia), using the proceeds of a loan from his sister. That loan was in the amount of $42,000, which he began to repay at $684 per month while continuing to pay the home mortgage at $725 monthly. In 2003, Perrin consolidated these debts by borrowing enough to pay off the private loan in full. He then began paying $961 per month to the bank, with the last payment due in 2013.

      . $1,500 times twenty-eight months equals $42,000.

      . Her weekly paycheck stub for July 5-11, 2007, revealed that, roughly halfway through the year, she had been paid for more than 1,000 hours of work, and that her hourly wage was 9.94 per hour. It further revealed that she had taken only 28.5 hours of sick leave since January 2007.

      . "Unless excused by Order of the Court for good cause shown," a financial statement is required "in every domestic case involving economic issues and/or property division. ...” Miss. Unif. Chañe. R. 8.05.

      . Brittny testified that her mother had monthly yard sales, which included new items belonging to the children. "She’d go through our rooms and take new stuff.... And we would have to go out, and we'd take back the stuff that we wanted when she wasn't looking, because she would just pretty much empty out our rooms and take all of our clothes and toys and anything she could get her hands on.” Brittny also testified that when the children gave their mother a gift, she would take it back to the store and exchange it for cash.

      . Her 8.05 statement does not reflect the rent for the apartment in 2002, misstates her income, and takes deduction for a paid-off garnishment, inter alia.

      . Gambling losses are not per se dissipation. This is to be decided on a case-by-case basis.

      . See Singley v. Singley, 846 So.2d 1004, 1011 (Miss.2002) (nonmarital assets used to purchase a marital home); Bullock v. Bullock, 699 So.2d 1205, 1211 (Miss.1997) (nonmarital assets used to purchase a marital home); Johnson v. Johnson, 650 So.2d 1281, 1286 (Miss.1994) (timber-sale proceeds used to benefit entire family).

      . The $82,000 attributed to the husband’s dissipation was reduced to $41,000.

      . $113,259 times thirty-five percent equals $39,640.65 as her share of the retirement account. Assuming Cynthia were to receive half of the retirement account accrued during the marriage, she would get thirty-five percent of the total in the retirement and one-half of the remaining marital assets of $30,000, i.e. $15,000, for a total of $54,640.65.

      . Townsend v. Townsend, 859 So.2d 370, 379 (Miss.2003) (a division of property was intended, despite a clerical error characterizing the division of retirement benefits as alimony); Lauro v. Lauro, 847 So.2d 843, 848-49 (Miss.2003) (quoting LaRue v. LaRue, 172 W.Va. 158, 304 S.E.2d 312, 334 (1983)) ("All property division, [and] lump sum or periodic alimony payment ... should be considered together. ‘Alimony and equitable distribution are distinct concepts, but together they command the entire field of financial settlement of divorce. Therefore, where one expands, the other must recede.' ”).

      . Copy of pay stub reveals $9.94 an hour, with forty hours worked. Forty times $9.94 equals $397.60 a week, times fifty-two weeks equals $20,675.20, divided by twelve months, equals $1,723 monthly.