Page 396
[Copyrighted Material Omitted]
Page 397
[Copyrighted Material Omitted]
Page 398
APPEAL
FROM THE PULASKI COUNTY CIRCUIT COURT, SIXTEENTH DIVISION
[NO. 60DR-16-3859], HONORABLE MORGAN E. WELCH, JUDGE
Hilburn,
Calhoon, Harper, Pruniski & Calhoon, Ltd., by: Sam Hilburn,
North Little Rock, and Tetiana Fayman, for appellant.
Coplin
& Hardy, PLLC, Little Rock, by: Betty J. Hardy, for appellee.
OPINION
RITA W.
GRUBER, Chief Judge
Elwyn
Perser appeals from a divorce decree entered May 18, 2018,
ending his twelve-year marriage to Whitney Perser. He argues
four points on appeal: (1) the circuit court erred by
awarding Whitney $52,000 from his separate nonmarital
residence; (2) the circuit court erred by awarding Whitney
$100,000 from his separate nonmarital medical practice; (3)
the circuit courts awards of child support and alimony
should be reversed due to the courts use of incorrect net
income; and (4) the
Page 399
circuit courts award of alimony is clear error because the
amount is unreasonable. Whitney argues on cross-appeal that
the circuit court erred in not awarding her half of the value
of the parties marital residence. Elwyn filed a motion to
dismiss her cross-appeal, which this court passed to the
panel to be heard on submission. Having conducted a de novo
review, we affirm on direct appeal. We deny Elwyns motion to
dismiss and also affirm the cross-appeal.
The
parties married on February 10, 2006. Throughout their
marriage, Elwyn practiced medicine at, and was the sole owner
of, Edwin N. Barron, Jr., MD, PA, d/b/a Office Park Family
Practice, which Elwyn had purchased from Whitneys father,
Dr. Barron, in 2003. Whitney, her father, and her mother
continued to work in the business after Elwyns purchase and
during the parties marriage. Whitney, who does not have a
college degree but has attended several years of college,
worked at the business since 1999 and was the office manager
during the parties marriage. She had never worked anywhere
else.
When
the parties married, Whitney had an adopted daughter,
AP— born January 10, 2001— whom Elwyn also
adopted after he and Whitney married. The parties have no
other children. AP has emotional deficiencies, has been
diagnosed on the autism spectrum, and was undergoing
inpatient treatment at Youth Home at the time of the divorce
hearing. Incidents with AP include sexting strangers,
vandalizing the house, running away, and stealing money from
Whitneys purse. Whitney was diagnosed with breast cancer in
March 2016, had a bilateral mastectomy, underwent six rounds
of chemotherapy, and had reconstructive surgery throughout
the spring and summer of 2016. Her final reconstructive
surgery occurred in October 2016. She testified that because
of the type of cancer she had, her physicians had recommended
additional surgery to remove her ovaries, which she had not
scheduled at the time of the hearing.
Elwyn
filed a complaint for divorce against Whitney in May 2016,
which he dismissed several months later. The parties got into
a physical and verbal altercation on October 1, 2016. On
October 3, Elwyn filed another complaint for divorce and
fired Whitney from the business. Whitney and AP lived with
Whitneys parents for a month and then moved back into the
marital residence in November 2016. Elwyn stayed at the
Office Park Family Practice during the pendency of the
divorce.
After
a hearing, the circuit court entered a temporary order on
February 16, 2017, in which it ordered Elwyn to pay child
support of $1816 per month based on net annual income of
$150,000 and to pay all other household expenses. Pursuant to
Elwyns motion to reduce support, the court held another
hearing and entered a temporary order on March 7, 2018,
reducing his child-support obligation to $1566 per month
based on net income of $130,000 per year.
On May
18, 2018, after a final hearing on March 28, the court
entered a final decree of divorce. Relevant to this appeal,
the court awarded sole custody of AP to Whitney with
supervised visitation to Elwyn as recommended by the attorney
ad litem. Elwyn was ordered to continue paying child support
in the amount of $1566 based on monthly net income of
$10,498.18. The court found that the parties marital
residence on Van Lee Drive was Elwyns nonmarital separate
property but found that Whitney had made contributions of
$52,000 toward the purchase of the house. The court ordered
Elwyn to reimburse her for that amount with interest within
180 days
Page 400
of the decree, giving Whitney a lien on the home until it was
paid. The court also ordered Elwyn to pay Whitney
rehabilitative alimony of $2000 per month for seven years
based upon the disparity in income of the parties, the length
of the marriage, and the health of the parties. In awarding
alimony, the court was specifically "mindful" that
Elwyn retained the marital home without a mortgage payment
and that Whitney would be incurring an additional monthly
housing expense. Finally, the court ordered Elwyn to pay
Whitney $100,000 as her marital portion of his medical
practice. Elwyn filed this appeal from the courts decree.
Whitney filed a cross-appeal.
I.
Medical Practice
We
turn first to Elwyns argument on appeal that the circuit
court erred by awarding Whitney $100,000 from his separate
nonmarital medical practice. Specifically, he argues that an
equitable distribution of the business was improper because
the medical practice carries no goodwill independent of his
name. He also contends that it was improper and unreasonable
because Whitney received other significant assets making it
...