Supreme Court of Arkansas

Katie D. Stehle, Appellant v. Ernest W. Zimmerebner, Appellee — Brill, J., Concurring

June 30, 20162016 Ark. LEXIS 231

Summary

Justice Brill concurred in reversing and remanding the conditional incarceration order because the record lacked an express finding that Stehle could pay the child-support arrearage or that her inability to pay resulted from her own conduct, and because the purge conditions were too indefinite. The concurrence characterized the order as coercive civil contempt and required clear, specific means by which Stehle could obtain release from incarceration. Justice Danielson, dissenting, would have affirmed because he viewed Stehle's ability to pay the entire arrearage as irrelevant and the purge conditions as sufficiently definite.