Grantham v. Lucas
2011 Ark. App. 491
| Ark. Ct. App. | 2011Background
- Grantham and Lucas divorced after ten years of marriage; they share one daughter aged eight at decree.
- The trial court awarded joint custody with primary physical custody to Lucas; Grantham was ordered to pay child support with standard visitation.
- Grantham had multiple driver’s license suspensions for failure to pay child support and inconsistent employment; Lucas paid mortgage, utilities, and most household expenses.
- A $12,000 home-equity loan was obtained during the marriage, and the loan proceeds were used for living and education-related expenses; Lucas signed the loan documents.
- The court awarded Lucas all of her retirement benefits as sole and separate property; the home equity was to be split equally unless parties decided otherwise; Grantham sought an unequal division to account for the loan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the custody award serves the child’s best interests | Grantham argues Lucas’s parenting and alcohol issues jeopardize the child | Lucas contends she is capable and was consistent primary caregiver | No clear error; deference to trial court’s credibility findings; custody affirmed |
| Whether the $12,000 home-equity loan should have been divided unequally | Grantham argues unequal division to compensate for loan impact | Lucas argues loan already spent; division remains equal per statute | Court did not err in not awarding unequal division; equity split remains equal |
| Whether Lucas’s retirement benefits could be divided unequally | Grantham seeks equal division of retirement assets | Lucas’s wealth accumulation and conduct justify keeping retirement in her name | Court properly considered factors and upheld sole retention of Lucas’s retirement benefits |
Key Cases Cited
- Taylor v. Taylor, 353 Ark. 69, 110 S.W.3d 731 (Ark. 2003) (de novo review with deference to trial court on credibility; best interest standard for child custody cited)
- Judkins v. Duvall, 97 Ark.App. 260, 248 S.W.3d 492 (Ark. App. 2007) (special deference to trial judge’s credibility findings in custody matters)
- Sharp v. Keeler, 99 Ark.App. 42, 256 S.W.3d 528 (Ark. App. 2007) (high weight given to trial judge’s evaluation of witnesses and child’s best interests)
- Keathley v. Keathley, 76 Ark.App. 150, 61 S.W.3d 219 (Ark. App. 2001) (enumeration of statutory factors not mandatory; court may consider other relevant factors in property division)
- Hernandez v. Hernandez, 371 Ark. 323, 265 S.W.3d 746 (Ark. 2007) (de novo review of property division with focus on equity and discernible errors)