Supreme Court of Arkansas

Shauna Chantel Yates McNutt, Appellant v. Matthew Dalton Yates, Appellee

October 31, 20132013 Ark. LEXIS 512

Summary

The court affirmed the custody modification and the denial of a continuance, holding that the withdrawal-of-counsel challenge was unpreserved and that the appellant failed to show prejudice from proceeding without counsel. After conducting de novo review while deferring to the circuit court’s credibility determinations, the court upheld findings of a material change in circumstances and that custody with the appellee served the children’s best interests. The court reversed and remanded the retroactive child-support ruling because support could not be modified for a period preceding the filing of a modification petition absent a specific finding of fraud.