Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Maxwell v. Maxwell

Court of Appeals of Arkansas, Division IV

January 15, 2020

ADDAM MAXWELL, APPELLANT
v.
LORI MAXWELL, APPELLEE

Page 500

          APPEAL FROM THE JOHNSON COUNTY CIRCUIT COURT. [NO. 36CR-18-278]. HONORABLE WILLIAM M. PEARSON, JUDGE..

         COUNSEL:

          Kezhaya Law PLC, by: Matthew A. Kezhaya, for appellant.

          One brief only.

          LARRY D. VAUGHT, Judge. VIRDEN and GLADWIN, JJ., agree.

          OPINION

Page 501

         LARRY D. VAUGHT, Judge

          Addam Maxwell appeals the Benton County Circuit Court's order denying his petition for change of custody and assessment of child support. We do not reach the merits of the custody issue because it is now moot. We reverse and remand the court's child-support order because the court failed to reference the family-support chart and failed to make necessary findings.

          Lori and Addam Maxwell were married on July 14, 1990. They have two sons, Nate (born in May 1999) and Mitch (born in June 2001). The parties were divorced on January 25, 2017, and the court awarded joint custody of their sons pursuant to a property-settlement agreement. In September 2017, Nate began living full time with Addam. He lived with Addam until May 22, 2018. In January 2018, Mitch also began living full time with Addam. He was still living with Addam at the time of the hearing.

          In January 2018, Addam petitioned the court for a change of custody and assessment of child support. The court held a hearing on the issue, at which evidence was introduced indicating that Lori and Addam had difficulty communicating and often could not agree on parenting decisions on issues such as medical treatment, discipline, visitation, and how to divide expenses. Mitch, who was seventeen at the time of the hearing, testified that he preferred to continue living full time with Addam.

          After the hearing, the court chastised the parties for their inability to cooperate, and it found that their dysfunctional parenting relationship had negatively impacted their sons. The court took the matter under advisement and entered an order on August 21, 2018. The order denied Addam's motion to modify custody. It also assessed back child support for three separate periods, finding that Addam owed Lori $399 for the period between November 10, 2017, and March 2, 2018; that Lori owed Addam $1,615 for the period between March 16 and May 25, 2018; and that Lori owed Addam $1,232 for the period between May 25 and August 6, 2018. The court further ordered that Addam pay Lori $431.75 biweekly until Mitch graduates high school or turns eighteen, whichever is later.

          Addam previously appealed, and we dismissed the appeal for lack of jurisdiction because the order being appealed failed to dispose of a cross-complaint filed by Lori. That issue has now been resolved, and the order being appealed is final.

          We perform a de novo review of child-custody matters, but we will not reverse the circuit court's findings unless they are clearly erroneous. Grimsley v. Drewyor, 2019 Ark.App. 218, at 8, 575 S.W.3d 636, 641. A finding is clearly erroneous when, although there is evidence to support it, the reviewing court is left with the definite and firm conviction that a mistake has been made. Id., 575 S.W.3d at 641. Finally, we recognize and give special deference to the superior position of the circuit court to evaluate the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.