Contempt of court is defined as a willful violation of the court’s order. The order that has allegedly been violated must be clear as to what is required of the parties. Example: “Plaintiff owes Defendant $100 per week child support.” In this example, if Plaintiff does not pay $100 per week in child support then he or she may be held in contempt.

The following case illustrates what happens when the order is not specific on a particular issue or does not mention a particular issue at all. In this case, the issue not mentioned concerns transportation (and transportation costs) for visitation exchanges.

Here’s the link…
http://courts.arkansas.gov/court_opinions/coa/2009a/20090603/unpublished/ca08-1214.pdf

Custodial parent called his son a “problem child” to his face; told him that retaining an attorney cost him $1,000; called the child derogatory names during periods of anger; became less flexible on visitation after non-custodial parent filed for a change of custody; the child does not get along well with his new step-mother; and the child wants to have custody changed. Custody changed by the court? Nope. Arkansas Court of Appeals decided that these factors do not amount to a change in circumstances sufficient to change custody.

Here’s the link…
http://courts.arkansas.gov/court_opinions/coa/2009a/20090408/unpublished/ca08-908.pdf

The Arkansas Court of Appeals upholds a trial judge’s decision to place $38,000 of child support arrearage money into an account for the children instead of paying it directly to the custodial parent. The account is in the name of the custodial parent, but withdrawals can only be made by order of the circuit court.

The court cited several reasons for upholding the trial judge’s decision, including the fact that the custodial parent failed to show that the children’s needs were not met during the time the arrearage accrued (or that the custodial parent incurred added debt, etc. because child support was not being paid), and also the fact that the custodial parent had a “history of making unsound financial decisions.”

Here’s the link…
http://courts.arkansas.gov/court_opinions/coa/2009a/20090408/unpublished/ca08-600.pdf

Administrative Order No. 10 probably provides more Arkansas child support law than any other single document. Therefore there’s no better place to start if you have questions about Arkansas child support, how its calculated, what you can deduct, etc. Here’s the link to Administrative Order No. 10… http://courts.state.ar.us/pdf/admin_order10.pdf

A former federal prosecutor in Manhattan, Robert Khuzami, has been named enforcement chief of the Securities and Exchange Commission.

Khuzami worked for 11 years as an assistant U.S. attorney, spending part of his time prosecuting financial crimes such as insider trading and Ponzi schemes, according to the Associated Press. He also helped prosecute the “blind sheikh” accused in the 1993 World Trade Center bombing, the Washington Post reports.

Khuzami is currently general counsel in the Americas for Deutsche Bank.

New SEC Chairman Mary Schapiro issued a statement saying she is pleased Khuzami is coming on board ‘’in such an important role at this crucial time.'’

Anthony Ricco, a lawyer who opposed Khuzami in a World Trade Center case, told Bloomberg News that Khuzami will take an active role in his new job. “People on Wall Street better watch out,” Ricco said. “He is a person who really believes in the public good, and those people often make judgments that make Wall Street cringe.”

(Source: Debra Cassens Weiss, ABA, http://www.abajournal.com/authors/4)

Note: Here’s hoping that Khuzami can get this important agency back on its feet. We need enforcement in the securities area more than at any other time in the last 20 years.

BAH, or the housing allowance provided by the military, is included as income for purposes of determining the appropriate child support amount in Arkansas. Not necessarily a new development but something that definitely needs to be kept in mind.

Here’s a link to the case…
http://courts.arkansas.gov/court_opinions/coa/2009a/20090218/unpublished/ca08-679.pdf

It always interests me when “we fellow Americans” talk about war. Far and away the wars that are talked about are largely determined by the generation engaged in the conversation. Centagenarians will talk of the days of their parents and grandparents fighting in the Civil War and WWI. Baby boomers will no doubt focus on WWII, Korea, and Vietnam. Generation X will sometimes start with these conflicts but also will reference more recent conflicts like the Gulf War. Younger generations nearly always reference the latter.

What can easily be argued as our country’s most important war, the Revolutionary War, is also the most easily forgotten – and by far the least referenced by the general populace. It is easy to forget that without it we very likely would be singing Hail to the Queen instead of the National Anthem.

All of this to say that it was refreshing to hear President Obama end his inaugural speech with a reference to the Revolutionary War. Here’s that portion of his speech:

“In the year of America’s birth, in the coldest of months, a small band of patriots huddled by dying campfires on the shores of an icy river. The capital was abandoned. The enemy was advancing. The snow was stained with blood. At a moment when the outcome of our revolution was most in doubt, the father of our nation ordered these words be read to the people:
“Let it be told to the future world… that in the depth of winter, when nothing but hope and virtue could survive… that the city and the country, alarmed at one common danger, came forth to meet [it].”

So what’s going on and what is Obama referring to?

In the Summer of 1775 George Washington assumed command of the American Army (Continental Army) at Cambridge, Massachusetts. The British were in the middle of an ongoing siege of Boston. Long story short, Washington eventually forced the British out of Boston and gained much credibility in the process. So much so, that even the British newspapers back in London praised his personal character and qualities as a military commander.

The commander for the British during the Boston siege was General William Howe. His loss at Boston, combined with Washington’s rising star, made him none too happy. Further, a fairly important event happened on July 4, 1776 that served to exacerbate the situation back in jolly old England. So, in August of 1776 Howe launched a massive naval and land campaign designed to seize New York, the site where Washington had moved his army.

The Continental Army under Washington engaged the enemy for the first time as an army of the newly declared independent United States at the Battle of Long Island, the largest battle of the entire war. The United States army was defeated. This and several other British victories sent Washington scrambling out of New York and across New Jersey, leaving the future of the Continental Army in doubt.

And more importantly in doubt was the entire revolution. In 1775 Great Britain viewed the upheaval in America in the same way we might view teenagers out one night toilet papering houses – a nuisance. After July 4th, that all changed. As he “scrambled” away from the enemy, his army in tatters, Washington was clearly concerned that this revolution was not going to succeed. He knew Great Britain was going to bring down the full weight of its army on his troops. Any soldier left alive would be killed as a traitor. Washington himself would only be able to wish for a quick death if he were to be captured.

So in the midst of all of this Washington found himself and his army sitting and freezing on the banks of the Delaware River on Christmas Day 1776. They were hungry and exhausted. It is said that hunger and fatigue “make cowards of us all.” Add freezing temperatures to the mix and you get a picture of the scene. And of course the biggest problem of all - Washington had tugged on Superman’s cape and Superman was ready to fight. What to do?

Well, as men of great resolve inevitably do, Washington took action. He decided first to speak to his troops – or more accurately, have something read to them. He chose the words carefully…and they were not his own. They were the words of one of this country’s greatest and most unappreciated patriots, Thomas Paine, and they are from his The American Crisis, written earlier in December 1776. (I’ve added a section before and a section after the portion that was read by President Obama yesterday for context. Obama omitted the phrase “…and to repulse it.”)

******
Thomas Paine -
I turn with the warm ardour of a friend to those who have nobly stood yet determined to stand the matter out; I call not upon a few, but upon all; not on THIS state or THAT truth but on EVERY state; up and help us; lay your shoulders to the wheel; better have too much force than too little, when so great an object is at stake. Let it be told to the future world, that in the depth of winter, when nothing but hope and virtue could survive, that the city and the country, alarmed at one common danger, come forth to meet and to repulse it. Say not, that thousands are gone, turn out your tens of thousands; throw not the bur hen of the day upon Providence, but “Shew your faith by your works,” that God may bless you. It matters not where you live, or what rank of life you hold, the evil or the blessing will reach you all. The far and the near, the home counties and the back, the rich and the poor, shall suffer or rejoice alike. The heart that feels not now, is dead: The blood of his children shall curse his cowardice, who shrinks back at a time when a little might have saved the whole, and made them happy. I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. ‘Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.
******

And with those words on December 25, 1776, in the dark frigid night, Washington staged one of the most famous counterattacks in history, leading the American forces across the icy Delaware River to capture nearly 1,000 Hessians (German troops loyal to the British) in Trenton, New Jersey. Washington followed up his victory at Trenton with another one at Princeton in early January. These winter victories quickly raised the morale of the army, secured Washington’s position as Commander, and inspired young men to join the army.

And gave inspiration and resolve to a fledgling infant nation.

President Obama, you have chosen and spoken words from men who knew what it was to truly risk their own blood for the sake of country and to lay their “shoulders to the wheel.” Here’s hoping that you live up to their oh-so-lofty standards.

The national economic downturn is taking its toll on married couples dealing with financial stress, according to area marriage counselors.

Dr. Helen Andrews of Waynesville said the poor economy seems to be the primary issue on her clients’ minds.

Money is always a factor in relationships, she said, adding that couples often complain about each other’s spending.

“They’re having to cut back on so many things,” she said.

Money does not cause problems — the problems were already there, Andrews said. A lack of money can magnify existing problems, she said.

“If you haven’t got enough to make ongoing expenses, you’re likely to be frustrated,” she said. “Everything looks bigger.”

Worrying about money can cause couples to be more upset about everything else, she said. Couples having money problems should learn to communicate better.

“The work is to have them talk and listen to each other,” Andrews said.

When economic times are good couples can escape by going shopping, going out to eat or doing something else that is fun.

When there is not money, all there is to do is sit at the house, she said.

Couples need to be better partners and work together rather than blame each other, but many couples have not developed a skill base to work together, she said.

Victor Hamilton, owner of Sylva Christian Counseling, said children’s behavior may worsen when the parents are having financial problems.

Dr. Mary Ellen Griffin, a licensed clinical psychologist in Sylva, said children are aware of their parents’ emotional state and when the parents are worried, the children are, too.

Couples often argue over how money should be spent and what gets higher priority, Hamilton said.

During hard economic times a man supporting a stay-at-home mom may have to take on a second job, which means more time away from home, and that can cause other problems, he said.

And when there is anxiety about money, feelings are more sensitive and emotions can take over, he said.

Anxiety over money can often come out as anger and frustration, he said.

“That’s what therapy is all about — looking under the obvious presenting behavior and seeing what motivates their fear and anxiety,” he said.

Hamilton recommends couples engage in stress reduction techniques to release tension in the body. He said being aware of “proper breathing” is important.

Also, he said, a “spiritual dimension is a crucial element.”

“The times are causing people to return to their roots of spiritual beliefs,” he said.

Divorces probably are not on the rise, he said. Instead, there may be fewer divorces because couples are so focused on making ends meet that they are not thinking about separation. Moreover, divorces can be expensive.

There were 100 divorces in Jackson County in 2008, according to the County Clerk’s Office.

Monty Beck, a Franklin attorney specializing in divorce, said he hasn’t seen an increase in the number of people seeking divorces, but the recession has made it more difficult when it comes to dividing assets.

A couple’s most significant asset is often its home, but now homes are not selling, so the equity can’t be divided.

During economic hard times couples may think twice about getting divorced because of the cost, said Beck, who is a board certified specialist in family law

And when couples separate, that means two households must be maintained when there used to be only one, he noted. The cost of a divorce depends on what issues are involved such as custody, alimony and property, Beck said.

Source: Josh Mitchell, Smoky Mountain News
http://www.smokymountainnews.com/issues/01_09/01_07_09/fr_marriages.html

Evidently not. The Arkansas Court of Appeals yesterday reversed a decision by the trial court on this exact issue. Father had overnight visitation every Tuesday since the child was 2 years old. Now, the child is 8 years old. Mother files for modification of the overnight visitation because the child was coming to her house on Wednesday morning and did not have his homework done. The trial court found that “the child is now school age, that’s a little
different than it was when we started,” and the early-morning return times were “a little early.” The trial judge eliminated the overnight visitation on that basis.

The Court of Appeals reversed that decision because it found that the facts presented did not amount to a material change in circumstances.

Here’s the link…
http://courts.arkansas.gov/court_opinions/coa/2008b/20081217/unpublished/ca08-379.pdf

Practice note: This was a “one-brief” opinion which leads me to believe that the mother did not file an appellate brief. Did the court of appeals hold that against her?

Every divorcing parent should make it their top priority to keep their children from getting caught in the middle of the conflict of their divorce. The following tips and thoughts are from James Roberts, RSW, a licensed social worker in Missouri and Kansas and family therapist in Kansas. Mr. Roberts practices with Madison Avenue Psychological Services in Kansas City Missouri.

Parents who are either in the middle of a divorce, thinking about divorce, or already divorced should pay careful attention to the following ways that parents put their children directly in the middle of the conflict, and do their best to avoid them!

1. Bad Mouthing

One of the most hurtful things a divorce parent can do to a child is to criticize the child’s other parent in the child’s presence. Statements such as “Your father caused our divorce”, or “if it weren’t for your mother, we’d still be a family,” are common examples of “bad-mouthing”.

2. Forcing a Child To Choose

It is harmful to pressure a child to “take sides” in a dispute between the divorced parents. Children have a right to their own thoughts and feelings about the divorce and deserve to know they will be loved by both parents regardless of the opinions and feelings they have. If parents are in conflict over custody and children are facing a decision about which home to live in outside professionals should be called upon for help.

3. Spying

A parent who asks a child questions about the other parent’s personal life is asking that child to become involved in the parents’ conflicts. Children in this situation may end up feeling they have betrayed a parent they love.

4. Making the Child the Messenger

Parents make their children do a parent’s job when they ask their children to carry messages to the other parent. Children learn indirect ways to communicate when asked to be messengers and may feel guilt over having to assume adult responsibilities for their parents’ communication.

5. Sabotaging the Child’s Routine

When parents fail to give a child medication, fail to follow through on discipline imposed by the other parent, or bend rules on bed-time, diet, or curfews out of anger for the other parent, they are involving the child in parental conflicts. conflicted parents frequently take their children to medical professionals without consulting the other parents as a way of acting out unresolved divorce disputes. This practice places parental conflict above the child’s medical well-being.

6. Compensating for the Other Parent’s Failures

One divorced parent may view the other parent as a poor parent for being “too lenient”, “too strict”, “too involved”, or “not involved enough”. Such parents often try to compensate for the other parent’s “failures’ by being the opposite kind of parent. Children in such situations suffer by not having parents who are using a balanced approach to rearing children.

7. Making a Popularity Contest of Parenthood

A parent may try to win the affection of a child out of fear that the child favors the other parent. such parents go overboard to “be nice” or refrain from being firm with their children. Children suffer in these situations by not having the advantage of a parent who is acting in the proper role of authority figure.

8. Being an Accomplice to Whining

A parent may allow a child to complain about the other parents without helping the child see a more balanced view of the other parent. If the parents either passively accepts the complaint or fails to urge the children to take up these grievances with the other parent they subtly encourage children to use indirect communication as a way of managing conflict.

9. Child Abuse Allegations

It is becoming common for conflicting parents to express their hostilities by making unfounded allegations of child abuse. For children the consequences of these allegations are negative and far-reaching. Children are drawn into evaluations, investigations, and court testimony which greatly increase the risk of prolonged confusion, hurt, and anger.

10. Custody Fights

Some parents pursue custody fights when they know perfectly well that the real reason for the custody action is to be vindictive. Children experience custody battles between their parents as extremely stressful.

11. Child Support

Parents too often use child support by withholding it, demanding more, or making payments late when the real motivation is to perpetuate a dispute with the former spouse. In many homes children suffer directly when child support payments are not made regularly or when conflict is expressed indirectly in this way.

12. Using Noble Ideas to Hide Double Standards

A custodial parent might say “i want her to make her own decisions” when a child refused to visit the non-custodial parent but strictly enforce curfews when the same child wants to stay out late. A custodial parent might say “He has the right to his own feelings” if a child says critical things about his non-custodial parent but lecture and browbeat the same child for “talking back” at home. Children are sensitive to inconsistencies. They react to them with mistrust and cynicism.

This post is listed on the Georgia Family Law Blog (link in our lawyer’s blog list to the right). Credit should also be given to Sam Hasler’s Indiana Divorce and Family Law Blog (http://haslerlaw2.blogspot.com/) and the Missouri Divorce and Family Law Blog http://familylaw.mwortmanlaw.com/).