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Fox v. Fox

Court of Appeals of Arkansas, Division I

June 3, 2015

PAUL D. FOX, APPELLANT
v.
PERLA YASMINE ESPINOZA FOX, APPELLEE

Editorial Note:

This opinion is uncorrected and subject to revision before publication in the printed official reporter.

APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT, NO. DR-14-76. HONORABLE ANNIE POWELL HENDRICKS, JUDGE.

Daily & Woods, P.L.L.C., by: Jerry L. Canfield, for appellant.

Byars, Hickey & Hall, PLLC, by: Kevin L. Hickey, for appellee.

KENNETH S. HIXSON, Judge. GLADWIN, C.J., and VIRDEN, J., agree.

OPINION

KENNETH S. HIXSON, Judge

Appellant 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 the 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 Springdale, 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 ...


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