Darcey v. Matthews
2017 Ark. App. 692
| Ark. Ct. App. | 2017Background
- Parties divorced after 15-year marriage; two minor children; PSA attached to decree set child support ($2,000/month), required Matthews to keep children on his insurance and “cover all medical, dental and orthodontic expenses,” and to maintain a $2,000,000 USAA life policy with Darcey as owner/beneficiary.
- 2014 amended PSA required Matthews to reinstate or obtain a new $2,000,000 policy and transfer it to Darcey; amendment stated its terms were contractual and not court-modifiable and provided for attorney’s fees on default; amendment was incorporated (but not merged) into the decree.
- December 2014 proceedings: court found Matthews in contempt, awarded Darcey unpaid medical costs and ordered procurement of a $2,000,000 life policy; awarded $750 in attorney’s fees.
- Beginning 2015 Darcey filed repeated contempt motions for unpaid attorney’s fees, unpaid medical/pharmacy bills, failures relating to life insurance procurement, and visitation/notice disputes; Matthews sought modification and counterclaims.
- June 2016 order: court found Matthews in willful contempt for child-support arrears and for failing to timely pay previously ordered attorney’s fees (awarded child-support arrears judgment of $5,333 and $750 on child-support; $500 on enforcing previous attorney-fee orders), declined to find contempt for medical expenses or life-insurance noncompliance but ordered Matthews to make applications to at least five insurers and obtain the maximum coverage available; court also found a material change in Matthews’s income and split noncovered medical expenses 50/50 going forward.
Issues
| Issue | Darcey’s Argument | Matthews’s Argument | Held |
|---|---|---|---|
| Whether court may modify PSA life-insurance obligation | Court impermissibly weakened PSA: Matthews must obtain a $2M policy and transfer it to Darcey; no modification allowed | Waiver of challenge to December 2014 order; impossibility of performance (health, credit, denials) justifies relief | Reversed: court impermissibly modified PSA re: life insurance; no waiver; impossibility not found by court so cannot be invoked on appeal |
| Whether court may modify PSA medical/dental/orthodontic expense obligation | PSA requires Matthews to cover all such expenses (independent contractual obligation not modifiable) | Waiver via failure to appeal Dec. 2014; or medical expenses are like child support and modifiable due to changed income | Reversed: court impermissibly modified PSA; medical expenses are independent of child support and not modifiable here |
| Contempt findings for other alleged violations (medical reimbursements, eyeglasses, tax returns, travel notice, visitation interference) | Darcey: Matthews willfully disobeyed orders; should be held in contempt and pay attorney’s fees | Circuit court did not clearly err in declining contempt findings; credibility and evidence support denial | Affirmed: circuit court did not clearly err in denying contempt on these issues; no award of attorney’s fees because no finding of “default” under PSA on these matters |
| Attorney’s-fee award amount for child-support enforcement | $750 insufficient; court abused discretion and did not apply Paulson factors | No specific findings required; court has discretion; appellant offered no proof of appropriate amount | Affirmed: award not reversed—no abuse of discretion and appellant offered no evidence of a higher reasonable fee |
Key Cases Cited
- Artman v. Hoy, 370 Ark. 131, 257 S.W.3d 864 (2007) (court may not modify independent contract made part of divorce decree)
- Martin v. Scharbor, 95 Ark. App. 52, 233 S.W.3d 689 (2006) (contractual obligations for certain child-related expenses are independent of child support and not modifiable)
- Serio v. Copeland Holdings, LLC, 2017 Ark. App. 280, 521 S.W.3d 131 (doctrine of impossibility requires court finding that performance cannot be accomplished)
- Balcom v. Crain, 2016 Ark. App. 313, 496 S.W.3d 405 (elements and proof standard for civil contempt)
- Tiner v. Tiner, 2012 Ark. App. 483, 422 S.W.3d 178 (trial court discretion in awarding attorney’s fees in domestic-relations cases)
- Paulson v. Paulson, 8 Ark. App. 306, 652 S.W.2d 46 (factors to consider in determining reasonable attorney’s fees)