Fox v. Fox

2015 Ark. App. 367, 465 S.W.3d 18, 2015 Ark. App. LEXIS 443
CourtCourt of Appeals of Arkansas
DecidedJune 3, 2015
DocketCV-14-1078
StatusPublished
Cited by13 cases

This text of 2015 Ark. App. 367 (Fox v. Fox) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fox v. Fox, 2015 Ark. App. 367, 465 S.W.3d 18, 2015 Ark. App. LEXIS 443 (Ark. Ct. App. 2015).

Opinion

KENNETH S. HIXSON, Judge

| tAppellant Paul Fox and appellee Perla Fox were divorced by a decree entered by the Sebastian County Circuit Court on August 18, 2014. Perla was awarded custody of the parties’ four minor daughters, ranging in age from seven to sixteen, and Paul was given standard visitation. Paul was ordered to pay $2193 in bi-monthly child support based on his bi-monthly net income of $8090. 1 Further, Paul was ordered to pay bi-monthly alimony in an amount which increased over the years commensurately as his child-support obligation decreased.

Paul now appeals from the divorce decree, arguing that the trial court erred in not granting his request to award the parties joint custody of the children. Paul also argues that pthe trial court erred in awarding child support and alimony based on his previous employment income, asserting that he was unemployed and without income at the time the divorce decree was entered. We affirm the award of primary custody to Perla. However, we reverse and remand for reconsideration of child support and alimony.

Paul and Perla were married in 1996, and they lived in Mexico for the first four years of their marriage. The parties’ two oldest daughters were born while the parties lived in Mexico. Paul worked for Tyson Foods and was eventually promoted to general manager.

In 2000, the parties moved to Spring-dale, Arkansas, where their third daughter was born, and Paul worked for Tyson Foods as an executive in its international department. Paul’s annual salary in 2000 was $200,000, and it had increased to $260,000 by 2006. Paul’s employment between 2000 and 2006 required frequent overnight travel.

In 2006, the parties moved to Idaho, where their youngest daughter was born, and Paul was employed with Dickinson Frozen Foods as president and CEO. Paul worked for Dickinson for four years at a base salary of $280,000.

In 2010, Paul accepted a job in Michigan with Marfrig at an annual salary of $300,000. Perla and the girls continued to live in Idaho, and Paul would commute from Michigan to visit his family on weekends.

In January 2012, Paul accepted employment in Fort Smith, Arkansas, as CEO of OK Foods, at an annual salary of $340,000. Paul continued to visit his family on weekends in Idaho, and Perla and the girls moved to Fort Smith after the school year ended in June 2012.

lain January 2014, Perla filed for divorce in Sebastian County Circuit Court on grounds of general indignities, and Paul subsequently counterclaimed for divorce on the same grounds. Perla asked that she be awarded custody of the children, and Paul requested joint custody.

At the divorce hearing held on June 30, 2014, there was testimony that both Paul and Perla are excellent parents and have a close relationship with their children. During the marriage, Paul was the breadwinner and Perla was a stay-at-home mom.

Perla testified that Paul’s employment with OK Foods ended in February 2014, and that he had a severance package that paid him through the middle of August 2014. Perla stated that, when Paul was working, his job was time-consuming and stressful. She indicated that on a typical workday, Paul would leave the house early in the morning and arrive home around 6:30 or 7:00 in the evening. Perla stated that all of Paul’s employment during the marriage was demanding.

Perla testified that, on a typical day, she wakes the girls up, makes their lunches, helps the youngest one get dressed, and takes them to school. After the girls arrive home, Perla monitors their homework and cooks dinner for them. Perla also said that she takes the children to doctor and dentist appointments, as well as extracurricular activities. Perla stated that it was very rare for Paul to take the girls to extracurricular activities, although he sometimes attended their games on Saturday mornings. Perla also said that she attended every parent-teacher conference, which Paul did not attend. Perla stated that she had no desire to exclude Paul from being involved with his daughters because it was important for them to have their father involved in their lives. However, she also testified:

|4I am asking for custody because Í have always been with my daughters since they were born. I am the one that nurtures them and counsels them. I take them to activities and am always there. I cook and clean for them. They are my life. It’s what I do.

In her testimony, Perla acknowledged that on a few occasions during the marriage she took trips alone, and that on those occasions Paul or Paul’s mother would care for the children. Perla stated that she was comfortable with Paul caring for the children in her absence, and also with Paul’s mother spending time with the children. Perla indicated that the majority of her trips were to visit her parents who lived in Mexico, and that one of the reasons she would leave the girls at home on these visits was for safety reasons because of kidnappings and insecurity in the town where her parents lived.

, Paul testified on his own behalf, and he confirmed that his employment with OK Foods had ended in February 2014 and that his severance pay would terminate in mid-August 2014. In Paul’s affidavit of financial means, he indicated that his bimonthly net pay from the severance package was $8090, which would terminate on August 12, 2014. Paul testified that he had been exploring other employment and income-producing activities. He stated that he was diligently seeking employment and had every confidence that he could find a good job. Paul stated that his employment prospects would likely be at a salary of around $200,000, although he would probably have to move from Fort Smith to earn that kind of money.

Paul acknowledged that Perla had spent more time with the girls during their marriage than he had due to his work schedule. However, he vehemently disagreed with any suggestion that he was a disinterested or absentee father. Paul stated that Perla had done an admirable job caring for the girls, but he was confident that he was equally capable of caring | ¿for them. Paul also gave the opinion that Perla was trying to alienate the girls from him. Paul proposed a joint-custody arrangement so that he and Perla would each have equal time with the children.

Paul’s first argument on appeal is that the trial court erred in awarding Per-la primary custody of the children, and that joint custody should have been awarded. Paul acknowledges that our court has frequently stated in the past that joint custody is not favored in Arkansas. See, e.g., Collier v. Collier, 2012 Ark. App. 146, 2012 WL 474601. However, by adoption of Act 1156 of 2013, the General Assembly has changed the law in this regard. In particular, Arkansas Code Annotated section 9 — 13—101(a)(l)(A)(iii) (Supp. 2013) now provides, “In an action for divorce, an award of joint custody is favored in Arkansas.”

Particularly in light of this recent legislative change, Paul contends that there is a clear suitability for joint custody in this case. He asserts that he is perfectly capable of providing care and supervision for the children, as was evidenced by his caring for them while Perla had taken vacations.

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Cite This Page — Counsel Stack

Bluebook (online)
2015 Ark. App. 367, 465 S.W.3d 18, 2015 Ark. App. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-fox-arkctapp-2015.