APPEAL
FROM THE DALLAS COUNTY CIRCUIT COURT [NO. 20DR-16-69]
HONORABLE SPENCER G. SINGLETON, JUDGE
Robertson, Oswalt & Associates, by: Chris Oswalt, for
appellant.
Wynne
Law Firm, by: Tom Wynne, for appellee.
ROBERT
J. GLADWIN, JUDGE
Stanley
Banks and Barbara Banks were divorced in the Dallas County
Circuit Court by decree filed April 23, 2018. Stanley
appeals, arguing that the trial court clearly erred by (1)
granting an unequal division of property; (2) failing to cite
its reasons for the unequal division; and (3) awarding
alimony to Barbara. We affirm.
I.
Facts
The
Bankses were married June 3, 1995, and separated October 28,
2015. Barbara filed for divorce on October 11, 2017, alleging
eighteen months' separation. When the parties could not
reach an agreement on the division of marital property and
debt or alimony, a final hearing was held on April 16, 2018.
Barbara
testified that she works for the Arkansas Department of Human
Services and had worked for the State of Arkansas for
twenty-four years. Her sole retirement account is with the
Arkansas Public Employees Retirement System (APERS), and she
did not know how much it is worth. She said that Stanley had
worked for Shippers, Georgia Pacific, and Union Pacific
during their marriage, and he had a retirement account worth
$102, 000 and another account worth $12, 000. She said that
there was no debt on their house, worth $39, 500, and she
asked that she be awarded the house and her vehicle, a
Cadillac CTS on which she owed $14, 172.56. She said that the
household furnishings were worth $1500. Barbara listed
several vehicles owned by the couple, including her Cadillac
CTS and Stanley's Cadillac DTS. She also said that
Stanley had a Hayabusa motorcycle worth $5470 with no debt,
and they had a 2004 Pontiac Grand Prix, a 1994 Grand Am, a
1997 GMC truck, a 1999 GMC truck, and a 2008 GMC
Denali.[1]
Barbara
said that it was Stanley's habit to keep cash both in his
vehicle's glove box and in his briefcase. She said that
she found $6000 in his car in July before their separation,
and she believed he kept that much or more in his briefcase.
She estimated that he had $10, 000 cash when they separated.
Barbara
said that she had accumulated debt in her name during the
marriage. She owed money to Capital One; the IRS; JCPenney;
Best Buy; a collection agency; TJ Maxx; RCA; Fordyce Bank
& Trust; Discover; Exxon; Avenue; the Children's
Place; Credit One; Midland Funding; her doctor; and Jefferson
Regional Medical Center. Barbara said that she had paid off
one marital debt-Midland Funding in the amount of $2,
095.32-and she admitted on cross-examination that the Fordyce
Bank & Trust loan was used in part to pay the Midland
Funding debt. She also listed her vehicle debt of $14,
172.56, which she accrued after the parties' separation,
and Stanley's vehicle debt of $10, 000. Barbara proposed
that she be responsible for all the debt except for the $10,
000 owed by Stanley on his vehicle-leaving her with $29,
710.76 in debt.
Barbara
alleged that Stanley's income is $6, 148.84 a month and
requested $1000 a month in alimony, which she claimed would
give her $304 each month after expenses and leave Stanley
with $467 a month after expenses. She said on
cross-examination that his monthly income included
employer-paid per diem allowance for travel.
Stanley
testified that his tax returns are the best reflection of his
income and that his income varies, leaving him without a
specific biweekly amount. He asked that the trial court use
his tax returns to determine his income. Stanley also
introduced exhibits that listed both his credit card and IRS
debts totaling more than $4000. He said that he owes $13,
255.11 on his vehicle and claimed that his monthly net pay is
$3, 544.50. His affidavit of financial means reflected that
his expenses are $5, 045.96 a month.
The trial court issued its decree on April 23, 2018, and it
states as follows:
4. PROPERTY. The Court finds the following distribution of
property to be equitable:
The Plaintiff is awarded the following property: the
residence at 411 North Oakley, the 2011 Cadillac CTS, the
2004 Pontiac Grand Prix, one-half (1/2) of Defendant's
Union Pacific Retirement account, one-half (1/2) of her own
Arkansas Public Employee Retirement System (APERS) account,
and whatever funds presently exist in the parties' joint
bank account.
The Defendant is awarded the following property: the 2011
Cadillac DTS, the 1994 Pontiac Grand Am, the GMC truck, the
GMC Denali, the 2008 Suzuki Hayabusa Motorcycle, one-half
(1/2) of his own Union Pacific Retirement account, one-half
(l/2) of Plaintiff's APERS account, all of his ITW
Retirement Account, and all of the cash he admitted to
possessing and withholding from Plaintiff at and around the
time of the separation which the Court finds would well
exceed $6, 000.00.
1.DEBTS. The Court makes the following debt distributions:
The Plaintiff shall be responsible for the following marital
debts: Capital One ($1, 584.06); IRS/2015 ($983.46); IRS/2016
($1, 200.00); JCPenney ($386.46); LAC Collections ($65.51);
Best Buy ($1, 521.72); TJ Max/Synchrony Bank ($607.21); RCA
($50.00); Fordyce Bank & Trust ($2, 703.27); Discover
Card ($1, 337.17); Exxon ($326.45); Dr. Brotherton ($64.67);
Jefferson Regional Medical Center ($232.00); Avenue
($354.05); Credit One ($1, 827.85); Children's Place
($199.00); Midland Funding ($2, 095.32); and GM Financial for
the 2011 Cadillac CTS ($14, 172.56).
The Defendant shall be responsible for the following marital
debts: Sears Credit Card ($1, 091.49); Best Buy ($1, 158.00),
IRS taxes owed for 2014, 2015, 2016, and 2017; debt on the
2011 Cadillac DTS (approximately $14, 000.00); and other
credit card debt in Defendant's name.
2. ALIMONY. The Court finds after considering the financial
circumstances of both parties; the financial needs and
obligations of both; the couple's past standard of
living; the amount and nature of the income, both current and
anticipated, of both husband and wife; the extent and nature
of the resources and assets of each of the parties; the
amount of income of each that is spendable, the amounts
which, after entry of the decree, will be available to each
of the parties for the payment of living
expenses; the earning ability and capacity of both husband
and wife; property awarded or given to one of the parties,
either by the court or the other party; the disposition made
of the homestead or jointly owned property; the relative
fault of the parties and their conduct, both before and after
separation, in relation to the marital status, to each other
and to the property of one or the other or both; and the
duration of the marriage; that the Plaintiff should receive
spousal support. Defendant shall pay the amount of $500.00
per month for a period of forty-eight (48) months at which
time the support shall cease. Support shall cease earlier if
the Plaintiff ...