Roland v. Roland

859 S.W.2d 654, 43 Ark. App. 60, 1993 Ark. App. LEXIS 475
CourtCourt of Appeals of Arkansas
DecidedAugust 25, 1993
DocketCA 93-122
StatusPublished
Cited by22 cases

This text of 859 S.W.2d 654 (Roland v. Roland) 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
Roland v. Roland, 859 S.W.2d 654, 43 Ark. App. 60, 1993 Ark. App. LEXIS 475 (Ark. Ct. App. 1993).

Opinion

John Mauzy Pittman, Judge.

Appellant, Deborah Ann Roland, and appellee, Jeffery Neil Roland, were divorced by a decree of the Lonoke County Chancery Court in May 1981. In the divorce decree, appellant was awarded custody of the parties’ twenty-one-month-old child and appellee was ordered to pay appellant $100.00 per month in child support. In March 1992, appellant filed a motion to increase appellee’s child support obligation, and appellee responded with a motion to change custody. Following a hearing, the chancellor denied both motions. On appeal, appellant argues that the chancellor erred in failing to find a change in circumstances and in not following the family support chart.

At the hearing, evidence was introduced that appellee’s weekly take-home pay is $249.50; in 1981, he made $125.00 in take-home pay per week. Appellee testified that he has remarried and has two children from his second marriage. His wife does not work. He also testified that he pays approximately $700.00 per month for his Ford truck, his furniture, and his mobile home. On cross-examination in regard to his request for a change of custody, however, appellee testified that he could adequately support the child on his present income.

Appellant testified that she has also remarried and does not work. Her husband is employed and provides medical insurance for the child. She testified that she has not had an increase in child support since 1981, when the child was twenty-one months old. Appellant stated that the costs associated with rearing the child (who was thirteen at the time of the hearing) have increased. She stated that his clothes cost more; it costs more to feed him; and his activities, such as baseball, are more expensive. She also testified that, every winter, the child is ill with allergies and respiratory problems.

At the conclusion of the hearing, the chancellor denied appellee’s request for a change of custody. With regard to the issue of support, he stated:

We’re working with very, very limited resources here. Seems to me like — of course, I can understand there’s probably some bitterness here. You attorneys probably weren’t able to even talk with each other about this, I don’t know, but there has to be significant changes in income and other things.
Mr. Roland does have two other children that he’s also supporting now, and this has been over a period of twelve years, limited income. Mrs. Archer stated that she —there’s no reason why she’s not able to work. And I know that you can’t raise a child on a Hundred Dollars a month, but I don’t know what I can do. I can’t make something out of nothing.

In the order, the chancellor stated that he was denying appellant’s motion for an increase in child support because “it would be an undue burden upon the [appellee] to pay an additional amount of child support, based upon the Affidavit of Financial Means entered herein.” The chancellor ordered appellee to be responsible for one-half of the child’s medical expenses not covered by insurance. Appellee has not cross-appealed from that part of the order denying his request for a change of custody.

Appellant argues on appeal that the chancellor erred in refusing to find a material change in circumstances; in failing to refer to the family support chart; and in not making a specific written finding as to why he deviated from the family support chart.

A change in circumstances must be shown before a court can modify an order regarding child support, and the party seeking modification has the burden of showing a change in circumstances. Reynolds v. Reynolds, 299 Ark. 200, 771 S.W.2d 764 (1989); Ross v. Ross, 29 Ark. App. 64, 776 S.W.2d 834 (1989). The assumption is that the chancellor correctly fixed the proper amount in the original divorce decree. Id.

In determining whether there has been a change in circumstances warranting adjustment in support, the court should consider remarriage of the parties, a minor reaching majority, change in the income and financial conditions of the parties, relocation, change in custody, debts of the parties, financial conditions of the parties and families, ability to meet current and future obligations, and the child support chart. Thurston v. Pinkstaff, 292 Ark. 385, 730 S.W.2d 239 (1987).

Reynoldsv. Reynolds, 299 Ark. at 202,771 S.W.2d at 765. There is no hard and fast rule concerning the specific nature of the changed circumstances. Arkansas Dep’t of Human Servs. v. Brown, 35 Ark. App. 11, 811 S.W.2d 326 (1991).

A chancellor’s determination as to whether there are sufficient changed circumstances to warrant an increase in child support is a finding of fact, and this finding will not be reversed unless it is clearly erroneous. See Freeman v. Freeman, 29 Ark. App. 137, 778 S.W.2d 222 (1989).

We agree with appellant that the chancellor erred in refusing to find a change in circumstances since the entry of the 1981 divorce decree. Although it does not compel a determination of changed circumstances, we note that a change of ten percent in the payor’s income can be sufficient to support such a finding. Ark. Code Ann. § 9-14-107(a) (Supp. 1991). At the hearing, appellee admitted that his take-home pay of $125.00 per week has doubled since the parties’ divorce. His affidavit of financial means showed his weekly take-home pay to be $249.50. Additionally, appellant testified that the costs of rearing the child have increased during the eleven years between the date of the divorce decree and the hearing on the petition to increase support. She testified that the child has additional expenses resulting from his participation in school activities. She further testified that the child has medical problems; only a percentage of these expenses are covered by the health insurance provided for the child by appellant’s husband.

In her brief, appellant also argues that, because a change in circumstances was proven, the chancellor erred in failing to modify the child support in accordance with the family support chart (which is $54.00 weekly, based on appellee’s take-home pay). Appellant also argues that the chancellor was required to give a fuller explanation for his deviation from the chart.

The controlling law on what is required to determine the amount of child support is set forth in Ark. Code Ann. § 9-12-312(a)(2) (Supp. 1991):

In determining a reasonable amount of support, initially or upon review to be paid by the noncustodial parent, the court shall refer to the most recent revision of the family support chart. It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded.

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Bluebook (online)
859 S.W.2d 654, 43 Ark. App. 60, 1993 Ark. App. LEXIS 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roland-v-roland-arkctapp-1993.