Nicholson v. Harrison
2013 Ark. App. 44
| Ark. Ct. App. | 2013Background
- Nicholson appeals a circuit court custody decision awarding primary custody to Harrison and ordering Nicholson to pay $151 biweekly child support; the appellate court reduces to $147 to comply with Administrative Order No. 10.
- Parties were married in July 2010 and have three children: M.H., R.H., and B.H.
- Harrison filed for divorce in May 2011; final hearing in January 2012; final order in February 2012 awarded Harrison custody and Nicholson $151 biweekly support.
- The circuit court found Harrison to be the most stable parent and granted him custody with Nicholson receiving standard visitation; an attorney ad litem recommended Harrison custody.
- The appeal argues custody should be with Nicholson and requests recalculation of support; the appellate court reviews custody de novo but defers to the circuit court’s credibility determinations; the court affirms custody but corrects the support amount.
- The court modifies the support amount only and affirms the custody decision as supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Custody determination–is the best interests finding clearly erroneous? | Nicholson argues custody should be with her. | Harrison contends custody with him is in the children's best interests. | Custody affirmed; no clear error found in best-interests finding. |
| Whether child support calculation complied with Administrative Order No. 10 | Nicholson argues the chart amount was misapplied. | Harrison contends the court properly applied AO 10. | Support reduced from $151 to $147 to conform with the chart and AO 10. |
Key Cases Cited
- Gibson v. Gibson, 2010 Ark. App. 741 (Ark. App. 2010) (de novo standard for custody with deferential credibility assessment)
- Tribble v. Tribble, 2011 Ark. App. 407 (Ark. App. 2011) (central consideration is the welfare and best interests of the children)