FAYETTEVILLE — The Arkansas Court of Appeals on Tuesday overturned a local judge’s ruling in a child support case and sent the case back for a hearing.
Appeals court judges say Washington County Circuit Judge Cristi Beaumont should have held a hearing to determine whether David Frazier’s income has changed enough to require a change in his child support obligation. his ex-wife because of a bonus he received. His ex-wife had claimed that revisiting child support could reduce Frazier’s support obligation.
Frazier filed a motion to vary child support, saying there was a material change in circumstances due to a change in his income as defined in an administrative order from the Arkansas Supreme Court. on child support, according to the opinion of the court.
Frazier also filed a motion to have his child support payment suspended based on the revised administrative order he would not be required to pay 21% of his premium in child support because the revised version annualizes receipt. of a premium to arrive at a gross monthly income.
His estranged wife filed a response, noting that the annual bonuses Frazier historically received were based on performance in the previous year. She argued that the majority of any future bonus received by Frazier would have been for income prior to the filing of her petition. She asked the court to dismiss the motion or, alternatively, to order Frazier to deposit 21% of any net bonus received in the court office pending further orders.
Without holding a hearing, the circuit court issued an order denying Frazier’s variation request and denying the motion to suspend spousal support.