Blalock v. Blalock
2013 Ark. App. 659
Ark. Ct. App.2013Background
- Arkansas Court of Appeals, Division III, No. CV-12-689, affirming in part, reversing in part the Washington County Circuit Court's divorce order.
- Ed Blalock appeals a final order awarding health insurance, alimony, child support, and property division to Claudette Blalock.
- Issues on appeal: health insurance for adult daughter, present value of marital property notes, classification of a note from sale of a law practice as marital vs. separate property, child support calculation, and alimony.
- Court reversed on health insurance and child support, affirmed on otherwise disputed issues, and remanded for compliance with child-support guidelines.
- The court conducted de novo review of domestic-relations orders, giving deference to credibility determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Health insurance obligation for adult child | Blalock argues court erred imposing health coverage | Blalock does not contest; Claudette supports obligation | Reversed; no duty to provide health insurance for adult child |
| Present value of marital-property notes | Notes’ collectability unclear; distribution unfair | Circuit court’s approximate values supported by record | Affirmed; no clear error in valuation or distribution |
| Classification of sale-note as marital property | Note should be non-marital | Claudette contributed to firm; value increase partly marital | Affirmed; court properly found marital interest in proceeds |
| Child support calculation and compliance with guidelines | Order complied with guidelines | Custody arrangement not adequately reflected in support | Reversed and remanded for compliance with Administrative Order No. 10 and §9-12-312 |
| Alimony award | Alimony amount improper | Award supported by need and ability to pay | Affirmed; alimony appropriate in amount and duration |
Key Cases Cited
- Babb v. Matlock, 340 Ark. 263 (2000) (parental support obligations until majority)
- Williams v. Williams, 82 Ark. App. 294 (2003) (equitable division of marital property; flexibility in valuation)
- Johnson v. Johnson, 2011 Ark. App. 276 (2011) (active appreciation in non-marital property can be marital)
- Harvey v. Harvey, 295 Ark. 102 (1988) (alimony factors and purpose)
- Mitchell v. Mitchell, 61 Ark. App. 88 (1998) (flexibility over mathematical formulas in alimony)
- Anderson v. Anderson, 60 Ark. App. 221 (1998) (financial circumstances and earning capacity in alimony)
- Hunter v. Haunert, 101 Ark. App. 2 (2007) (appellate standard for deference to circuit court findings)
- Brown v. Brown, 373 Ark. 333 (2008) (credibility and weight of witness testimony in domestic relations)