Archive for April, 2009

“Material Change in Circumstances” Still a Substantial Burden

Tuesday, April 14th, 2009

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http://courts.arkansas.gov/court_opinions/coa/2009a/20090408/unpublished/ca08-908.pdf

Child Support Arrearage Award Placed in Account for Child

Thursday, April 9th, 2009

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http://courts.arkansas.gov/court_opinions/coa/2009a/20090408/unpublished/ca08-600.pdf

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