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Thompson v. Thompson

Citations: 253 Ark. 343; 485 S.W.2d 725; 1972 Ark. LEXIS 1465Docket: 5-6052

Court: Supreme Court of Arkansas; October 23, 1972; Arkansas; State Supreme Court

Narrative Opinion Summary

In this appellate case, Jerry Dean Thompson challenges the decision of the Lonoke County Chancery Court, which denied his petition for a rehearing and upheld a decree related to child support arrears and the validity of a divorce. Thompson and Margie Thompson, who married in 1953 and divorced in 1955 in Texas, subsequently cohabited and had additional children. A dispute arose when Jerry sought to evict Margie, resulting in a court order affirming the divorce, awarding child custody to Margie, and ordering Jerry to pay child support. Following Margie's motion to enforce child support payments, Jerry contested the original order, claiming ignorance of its existence and challenging the divorce's validity. The court, however, confirmed the Texas divorce's legitimacy through certified documentation and noted both parties' subsequent remarriages. Additionally, the court found no abuse of discretion in denying Jerry's rehearing request and held him accountable for $1,800 in unpaid child support and $100 in attorney fees, both enforceable as judgments. The appellate court affirmed the lower court's ruling, emphasizing the established legal principles concerning foreign divorce recognition and enforcement of support obligations.

Legal Issues Addressed

Attorney Fees as Judgment

Application: The appellant was ordered to pay the defendant's attorney fees, which were reduced to a judgment, reinforcing financial accountability in family law proceedings.

Reasoning: He is also ordered to pay the Defendant’s attorney fees of $100.00, which will similarly be reduced to a judgment.

Child Support Arrears and Judgment

Application: The appellant's failure to comply with child support payments led to a judgment for arrears, which could be enforced through garnishment or execution.

Reasoning: Jerry Dean Thompson is found to be $1,800.00 in arrears on child support payments, which is reduced to a judgment that may be subject to garnishment or execution.

Denial of Petition for Rehearing

Application: The court found no abuse of discretion in the denial of the appellant's petition for rehearing regarding the child support and custody decree.

Reasoning: The court finds no abuse of discretion in the December 3, 1971, order or in the refusal to grant a rehearing.

Recognition of Foreign Divorce Decree

Application: The court affirmed the validity of a divorce decree issued in Texas, despite the appellant's challenge, as the evidence including certified documents supported its legitimacy.

Reasoning: The court rejects the first point, noting that a certified copy of the Texas divorce decree and related documents confirm that the divorce was granted.