Smithson v. Smithson
2014 Ark. App. 340
Ark. Ct. App.2014Background
- Arkansas Court of Appeals affirmed a one-year alimony award of $1,000 per month to the wife following a ~7-year marriage.
- The parties separated in November 2012 and were divorced in August 2013; there were no children.
- Husband had substantial earning capacity (income $120,000–$141,000) and held significant marital assets; wife had Social Security disability benefits.
- Wife requested $3,000 per month in alimony for 14 years; the trial court granted $1,000 per month for one year.
- Trial court found wife had medical issues but awarded a relatively modest alimony award after considering debts, assets, and need.
- On appeal, preservation issues were resolved against wife; de novo review upheld the trial court’s discretionary alimony decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial notice of disability determination | Smithson contends court should take judicial notice. | Smithson did not preserve the issue by request; evidence admissible without notice. | Not reversible; preservation lacking, but evidence admitted. |
| Collateral estoppel on disability status | Smithson argues Smithson is collaterally estopped from denying disability. | No preservation; cross-examination occurred; no estoppel ruling. | Not preservable; no reversible error. |
| Alimony amount and duration | Smithson seeks $3,000/month for 14 years. | Smithson appeals, arguing the award was inadequate and too short. | Affirmed; no abuse of discretion evident given facts. |
Key Cases Cited
- Taylor v. Taylor, 369 Ark. 31, 250 S.W.3d 232 (2007) (abuse-of-discretion standard in alimony cases; trial court best positioned to assess needs)
- Page v. Page, 2010 Ark. App. 188, 373 S.W.3d 408 (2010) (flexibility in alimony; balance of needs and circumstances)
- Evtimov v. Milanova, 2009 Ark. App. 208, 300 S.W.3d 110 (2009) (economic imbalance not necessarily rectified by alimony when marriage did not affect earning capacity)
- Cox v. Miller, 363 Ark. 54, 210 S.W.3d 842 (2005) (preservation requirements for appellate review)
- S. College of Naturopathy v. State ex rel. Beebe, 360 Ark. 543, 203 S.W.3d 111 (2005) (failure to request judicial notice preserves nothing on appeal)