Carl Bagley v. Michelle Bagley Williamson
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DIVISION IV
CA07359
DECEMBER 12, 2007
CARL BAGLEY
APPELLANT
APPEAL FROM THE CRAWFORD
COUNTY CIRCUIT COURT
[NO. E96361 II]
V.
HON. MICHAEL MEDLOCK, JUDGE
MICHELLE BAGLEY WILLIAMSON
APPELLEE
REVERSED AND REMANDED
This case arises from an order of the Crawford County Circuit Court denying
appellant Carl Bagley’s motion to terminate his childsupport obligation for his adult son,
Shawn Bagley, who is mentally retarded. On appeal, appellant argues that the trial court
erred in concluding that no material change in circumstances had occurred and in requiring
him to continue paying child support for Shawn. We agree and reverse the trial court’s
order.
Appellant and appellee, Michelle Bagley Williamson, were divorced in 1996, and
appellee was awarded custody of Shawn, then a minor. Appellant was ordered to pay child
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support. In March 2003, when Shawn was seventeen years old, appellee filed a motion to
modify the divorce decree increasing the amount of child support owed by appellant and
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Another child was born of the marriage but is now an adult and not the subject of
this appeal.
extending his obligation to pay child support beyond Shawn’s eighteenth birthday because
Shawn was a “special needs” child. On June 16, 2003, the trial court granted the motion,
finding that Shawn was a “special needs” child, which the court held justified extending the
childsupport obligation beyond his eighteenth birthday and increasing appellant’s obligation
to pay child support to $90 per week.
On February 22, 2005, the trial court entered an order denying appellant’s request to
terminate child support but granted appellant’s motion to modify, finding that Shawn had
begun receiving SSI benefits of $560 per month since the June 2003 order. Accordingly, the
trial court reduced appellant’s childsupport obligation to $41.50 per week. On April 12,
2006, appellant filed another motion to terminate child support, claiming that a material
change in circumstances had occurred since the February 2005 order in that Shawn was no
longer living in appellee’s home but in a group home for people with special needs.
At a hearing on the matter, appellee testified that Shawn’s SSI check covered his
grouphome housing expenses, transportation, phone bill, and pharmacy expenses. She also
testified that the group home gave Shawn about $10 cash every week or every other week.
She stated that there was about $50 or $100 a month left from the SSI check after the group
home expenses were paid, although it was unclear from her testimony if this amount was
used to pay for Shawn’s phone and pharmacy expenses. She then testified that Shawn
worked parttime at Braum’s and received approximately $150 every two weeks, which went
directly into his personal checking account. She testified that this money was Shawn’s
discretionary spending money. The bank records and appellee’s testimony indicated that
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appellee withdrew various amounts from Shawn’s checking account between June and the
end of September for Shawn’s expenses: $80; $40; $100; $20; $60; $30; $30; $30; $40; $40.
She could not remember exactly for what purpose these cash withdrawals were spent;
however, she said that she did not give all of the money withdrawn directly to Shawn but
gave him “maybe 10/20 dollars at a time.” She stated that Shawn spent about $100 a week
on his personal needs, which included shoes, clothes, paper, and CDs. The balance in
Shawn’s checking account at the time of the hearing was $1300.
The trial court found that the fact that Shawn had moved to a group home was not
“sufficient to show a change in circumstances to terminate the support.” While the trial
judge noted that it was “a hard question to answer that—that Mr. Bagley’s paying and Ms.
Bagley’s not,” he indicated that Ms. Bagley started with custody and care of Shawn and that
the previous judge and the parties “apparently . . . reviewed or went over this before, entered
an order that found that all of this was justified” because Shawn, although eighteen years old,
was “not an adult mentally.” The trial judge then stated that it was “obvious [Shawn] has
more expenses,” but the judge also noted that he did not know what Shawn’s expenses were
for. He suggested that the cash transactions were a problem and that there might be a better
way for appellee to keep track of Shawn’s actual expenses. Nevertheless, the trial court
entered an order on January 17, 2007, denying appellant’s petition to terminate child support,
finding that the fact that Shawn had moved from appellee’s home to a group home was not
sufficient to show a change in circumstances to terminate appellant’s support.
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On appeal, appellant argues that Shawn’s move into a group home from appellee’s
home constitutes a sufficient change in circumstances to warrant termination of appellant’s
childsupport obligation and that the trial court clearly erred in holding otherwise. Our law
puts the burden on a party seeking modification of a childsupport obligation to show a
material change of circumstances sufficient to warrant the modification. Morehouse v.
Lawson, 94 Ark. App. 374, 376, 231 S.W.3d 86, 87 (2006). A trial court’s determination as
to whether there is a sufficient change in circumstances to warrant a modification or
termination of child support is a finding of fact, and we will not reverse its decision unless
it is clearly erroneous. Roland v. Roland, 43 Ark. App. 60, 859 S.W.2d 654 (1993).
It is unclear from the trial court’s order whether it found that Shawn’s move from
appellee’s home to a group home was not a change in circumstances, or whether it found that
this was in fact a change in circumstances but that the change was not sufficient to warrant
termination of appellant’s childsupport obligation. Therefore, in order to review the trial
court’s decision, we first hold that Shawn’s move to a group home from appellee’s home was
a change in circumstances and, if the trial court found otherwise, its finding on this issue is
clearly erroneous. Having made this preliminary holding, we turn to the trial court’s finding
that this change of circumstances was not sufficient to warrant termination of appellant’s
childsupport obligation.
The general rule in Arkansas is that a parent is legally obligated to support his or her
child at least until the time the child reaches majority. Rogers v. Rogers, 83 Ark. App. 206,
210, 121 S.W.3d 510, 512 (2003). Indeed, an obligor’s duty to pay child support
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automatically terminates by operation of law on the later of the date that the child reaches
eighteen years of age or should have graduated from high school. Ark. Code Ann. § 914
237 (Supp. 2005). However, the duty to support a child does not cease at majority if the
child is mentally or physically disabled in any way at majority and needs support. Id.
(citations omitted). A determination of whether continued support is proper must be made
on the basis of the facts of the particular case. See Petty v. Petty, 252 Ark. 1032, 1036, 482
S.W.2d 119, 121 (1972).
In Petty, the supreme court reversed the trial court’s finding that the parties’ eighteen
yearold daughter, Kay, was not disabled. Kay had suffered from grand mal epilepsy from
the age of two. Kay took medication twice daily to prevent convulsions, could not drive a
car, lived with her mother while attending college, and was admittedly in need of specialized
training in order to obtain employment. The court concluded that, at the time of trial, Kay
was unable to earn a livelihood and was in more need of a specialized education than a
normal student for her to maintain herself in the future. The court noted, however, that,
when she became “financially capable of taking care of herself, a different situation will
exist.” Id. at 1037, 482 S.W.2d at 121.
Neither the supreme court nor this court has held that a parent is obligated to support
a disabled or specialneeds child for life. Case law makes clear that the determination of
whether continued support is proper must be made on the basis of the facts of the particular
case and that such an obligation will be imposed only if the adult child needs the continued
support. Id.; Rogers, supra (holding that child who maintained a 3.8 GPA in first two years
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of college, lived independently, had been employed, and was able to travel did not need
support in spite of possible scholastic limitations following a car accident that occurred when
child was in high school).
It is undisputed that Shawn is a “special needs” individual. It is also undisputed that
Shawn no longer lives with appellee—as he did when the court last modified appellant’s
support obligation—but in a group home. Thus, appellee is no longer responsible for
Shawn’s housing, utilities, food, transportation, or phone bills. All of these expenses are
now paid to the group home by Shawn’s SSI check. Appellee admitted that Shawn’s
pharmacy bills were also covered expenses. Indeed, she admitted that, between his parttime
job and the remaining money left from his SSI check after his expenses were paid, Shawn
had approximately $400 per month to use for personal expenses. She guessed that he spent
about $100 per week on personal expenses, although she could not document these expenses.
While Shawn is admittedly a specialneeds person, there has been no showing that he
needs continuing financial support from his parents. When the trial court ordered appellant
to pay $41.50 in child support in February 2005, Shawn was living at home with appellee,
who was providing his housing, utilities, food, and transportation. However, appellee is no
longer incurring expenses for any of these items on Shawn’s behalf because Shawn is now
living in a group home with other specialneeds children and adults. All of his needs, except
for personalspending items, are covered by his SSI check, which is sent directly to the group
home. He has approximately $300 in earned income and a small amount left from his SSI
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check after his other expenses are paid for personal items. Under the present record, we hold
that the trial court erred in finding that Shawn’s move into a group home from appellee’s
home did not constitute a sufficient change in circumstances to warrant termination of
appellant’s childsupport obligation. Accordingly, we reverse the trial court’s decision and
remand with directions to terminate appellant’s childsupport obligation.
Reversed and remanded.
PITTMAN, C.J., and ROBBINS, J., agree.
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