Champlin v. Champlin

2021 Ark. App. 348

634 S.W.3d 566

Amanda CHAMPLIN, Appellant

v.Steven Spencer CHAMPLIN, Appellee

No. CV-20-551

Court of Appeals of Arkansas, DIVISION I.

Opinion Delivered September 22, 2021

Matthews, Campbell, Rhoads, McClure & Thompson, P.A., Rogers, by: Sarah L. Waddoups, for appellant.

Taylor Law Partners, LLP, Fayetteville, by: John J. Mikesch, for appellee.

RITA W. GRUBER, Judge

Amanda and Spencer Champlin were divorced by decree entered March 10, 2020, after an eleven-year marriage. Amanda appeals from the divorce decree, arguing that the circuit court abused its discretion (1) in denying her motion for continuance; (2) in its calculation of alimony; and (3) in its calculation of child support. We affirm.

The parties were married on August 2, 2008, and separated in May 2019. They have two daughters: M1 (age eleven), and M2 (age eight). At a temporary hearing held on June 25, 2019, the testimony indicated that Spencer worked full time to support the family and that Amanda stayed home with the children and worked part time from home. Spencer was living at his parents’ home and had a bedroom ready for the children. Amanda and the children were still living in the family home. Spencer testified regarding Amanda's erratic and sometimes hostile behavior in front of the children. On at least five occasions between December 2018 and May 2019, Amanda "kicked" Spencer out of the house and threw his clothes and other belongings into the hallway, living room, or outside. Spencer testified that the children were present when these incidents happened and were upset. He also produced numerous text messages in which Amanda referred to Spencer in a critical and derogatory manner and threatened to keep him from the children. But he said she had also repeatedly asked him to take custody of the children. Amanda admitted that she had been physically violent toward Spencer on two different occasions while the children were home.

The court awarded temporary custody to Spencer in an order entered June 27, 2019, but ordered him to pay Amanda's household expenses. At the hearing, the court found evidence that Amanda had attempted to keep Spencer from the children but emphasized to Spencer his duty as custodial parent to foster and nurture the relationship between the children and Amanda. The court awarded visitation to Amanda "at the discretion" of Spencer but, at a minimum, consistent with the standard visitation schedule. The court also appointed an attorney ad litem to represent the children.

Trial was set for October 31, 2019, but the matter was continued until February 21, 2020, due to conflicts with the court's docket. Before the scheduled October trial, the attorney ad litem recommended that Spencer have primary custody of the children. She made a second recommendation before the February trial, again recommending that Spencer have primary custody. At the beginning of the hearing on February 21, Amanda asked the court for a continuance based on her contention that the ad litem had not conducted a sufficient investigation. Specifically, she argued that the ad litem had not spoken with the children's counselors since her recommendation in October and that she had a duty to perform a continuing investigation. After hearing arguments from counsel and the ad litem, the court denied the motion and conducted the trial.

In her opening statement, Amanda conceded the issue of custody and agreed that Spencer should have primary custody of the children. Spencer testified about Amanda's hostile behavior, the physical abuse, and her derogatory and threatening text messages that occurred before the temporary hearing as well as several events since the temporary hearing demonstrating that the unstable behavior had continued. In July, Amanda sent him a text message asking him to come take the house and the kids and stating that she was "done struggling" and needed "to walk away." Spencer also detailed an event in September 2019 in which Amanda had threatened to commit suicide, although Amanda testified that she had not intended to actually commit suicide but was merely being manipulative because of the stress. He also testified that she had continued to be difficult with regard to coparenting.

At the conclusion of the hearing, the circuit court awarded Spencer primary custody and Amanda standard visitation. The court assumed full-time employment for Amanda at minimum wage, imputed income, and ordered her to pay $121 per week in child support. The court also ordered Spencer to pay alimony to Amanda of $1000 per month for forty-eight months.

I. Motion for Continuance

Amanda's first point on appeal is that the circuit court should have granted her motion for continuance in order to allow the attorney ad litem to conduct a more thorough and continuing investigation into the best interest of the children. She argues specifically that the ad litem had not spoken to the children's counselors since she made her recommendation in October 2019 that Spencer should have primary custody. Although she had planned to concede custody at the hearing, she contended that the ad litem's recommendation in February 2020 was stale.

Amanda argued that the ad litem's failure to speak to the children's counselors since making her recommendation in October violated her duty of continuing investigation under Arkansas Supreme Court Administrative Order No. 15, which she claims is to protect the integrity of the process. But Amanda did not call the counselors as witnesses or offer any evidence about what they might say if the ad litem were to speak with them, nor did she suggest how the extra time might change her decision to concede custody. Indeed, her counsel admitted he did not "think that anything the counselors would have to say at this point would really alter the recommendation" he had made to his client with respect to custody. Amanda admitted that the ad litem's recommendation "probably wouldn't change" but argued that it was "not necessarily about the recommendations, so much as it is the process and being able to have confidence in that process." The ad litem said that she had investigated the case and did not feel the need to speak with the counselors again to make her recommendation.

The court denied the motion for continuance. It noted that there was no requirement that any of the parties have a conversation with the counselors and that counselors generally "don't like courts" and "normally are not cooperative." The court also stated that it was unwilling to delay any longer and said the children and the parties needed closure.

We review a circuit court's denial of a motion for continuance using an abuse-of-discretion standard. Goodson v. Bennett , 2018 Ark. App. 444, at 6, 562 S.W.3d 847, 854. An appellant must not only demonstrate that the circuit court abused its discretion by denying the motion but also must show prejudice that amounts to a denial of justice. Sims v. Moser , 373 Ark. 491, 510, 284 S.W.3d 505, 520 (2008). Amanda does not identify any specific prejudice that resulted from the ad litem's failure to speak with the children's counselors between her October recommendation and her February recommendation. She does not allege what the counselors would have said or how that would have affected the ad litem's recommendation. The ad litem told the circuit court that she did not need to speak to the counselors to make a recommendation. On this record, we cannot say that the circuit court's decision denying Amanda's request for a continuance was an abuse of discretion. For the circuit court to have abused its discretion, it must have acted improvidently, thoughtlessly, or without due consideration. Null v. Ark. Parole Bd. , 2019 Ark. 50, at 2, 567 S.W.3d 482, 483. Moreover, Amanda has failed to demonstrate any prejudice amounting to a denial of justice from the court's refusal to grant her motion. Accordingly, we affirm.

II. Alimony

Amanda also challenges the circuit court's calculation of alimony. She contends the court abused its discretion because it "knowingly placed [her] in an untenable financial situation." At the time of the final hearing, Amanda's monthly income from part-time employment was $938.

Amanda argued to the circuit court that her expected expenses were around $5500 per month, her income was less than $1000 per month, and Spencer earned approximately $9000 per month with "realistic expenses" of $4500 per month based on her calculations. On appeal, she contends that her expenses are over $6000 per month including child support, her share of the children's health-insurance premiums, and her credit and loan payments and that Spencer's net monthly income is over $10,000 per month with expenses of less than $5000 per month. She argued both at trial and here that Spencer has a...