Brown v. Brown
440 S.W.3d 361
Ark. Ct. App.2014Background
- Brown appeals Boone County Circuit Court's order granting OCSE's judgment on arrears and reducing his arrears to $13,139.40 (Mar. 2009–Apr. 2013).
- March 2009 Pulaski County order required $102/week support based on imputing $500/week income.
- Final divorce decree (Dec. 2010) transferred child-support issues to Boone County due to a pending dependency-neglect action.
- August 2013 Boone County order modified Brown's support and granted judgment on arrears; Brown challenges only the arrears judgment.
- Brown argues the March 2009 order terminated when dependency action began; he also challenges income-imputation at $500/week.
- Arkansas Court of Appeals reviews de novo the legal conclusions and affirms as modified despite some erroneous findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the March 2009 temporary order terminate on transfer to Boone County? | Brown argues it extinguished after transfer. | OCSE argues it remained in effect until modified. | March 2009 order did not terminate on transfer; remained until August 2013 modification. |
| Was retroactive modification available for the March 2009 order? | Brown contends retroactive modification should apply. | OCSE/Defendants contend no retroactive modification absent reservation in the temporary order. | Retroactive modification unavailable; modification limited to date of motion; issue moot. |
| Was imputing income above Brown's actual $25/week proper? | Brown challenges the higher imputed income. | Court correctly imputed income; modification not at issue. | Court's imputation affirmed as moot due to retroactive-modification ruling. |
Key Cases Cited
- Hawkins v. Hawkins, 2013 Ark. App. 330 (Ark. App. 2013) (retroactive modification limited to reservation in temporary order)
- Courtyard Gardens Health & Rehab., LLC v. Quarles, 2013 Ark. 228 (Ark. 2013) (affirm when outcome correct for the wrong reasons)
- Hall v. Hall, 2013 Ark. 330 (Ark. 2013) (de novo review on facts; abide by credibility determinations)
- Evangelical Lutheran Good Samaritan Soc’y v. Kolesar, 2014 Ark. 279 (Ark. 2014) (reply-brief arguments not considered)