McNutt v. Yates, 427 S.W.3d 749

Shauna McNutt and Matthew Yates divorced in Sep 2011; they share two children, M.Y. and N.Y.; Shauna had primary physical custody with joint legal custody; Matthew sought a child-support reduction after losing his job in 2011; Matthew filed a custody-modification motion on Mar 2, 2012 alleging parental alienation and other concerns; Shauna sought a continuance (denied) and represented herself at the April 12, 2012 hearing; the court found a material change in circumstances and awarded custody to Matthew with retroactive child support to April 2011; Shauna appeals on continuance denial, material-change finding, and retroactive child-support modification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Continuance denial review	Shauna	Yates	No abuse of discretion; denial affirmed.
Material change in circumstances for custody	Shauna argues no material change.	Yates argues change proven.	Court found material change; custody awarded to Matthew affirmed.
Retroactive child-support modification	Shauna challenges retroactivity.	Yates argues proper modification law applied.	Reversed and remanded for proper retroactive-ordering.

Sharp v. Keeler, 99 Ark.App. 42 (Ark. App. 2007) (mother's alienation conduct deemed material change in circumstances)
Ford v. Ford, 347 Ark. 485 (Ark. 2002) (best-interest standard; de novo review with deference to trial court on credibility)
Yell v. Yell, 56 Ark.App. 176 (Ark. App. 1997) (retroactive child-support modification limitations)
Word v. Remick, 75 Ark.App. 390 (Ark. App. 2001) (credibility and best-interests; deference to trial court)
Sossamon v. Davis, 271 Ark. 156 (Ark. 1980) (equity review allows affirmance for reasons not stated by trial court)
Ingram v. Century 21 Caldwell Realty, 52 Ark.App. 101 (Ark. App. 1996) (presumption of findings when record silent on credibility)
Carter v. Carter, 19 Ark.App. 242 (Ark. App. 1986) (use of contempt before changing custody)