Warner v. Warner

572 S.W.3d 6 (2019)

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Warner v. Warner

Arkansas Court of Appeals
572 S.W.3d 6 (2019)

KL

Facts

Melissa Warner (plaintiff) filed a motion requesting continuing child support from Russell Warner (defendant) for their 18-year-old daughter, S.W., seeking support beyond S.W.’s nineteenth birthday. Melissa and Russell were divorced, and Melissa had custody of S.W. During S.W.’s junior year of high school, S.W. became ill with a fainting disorder that caused her to faint or nearly faint multiple times a day. As a result, she missed a significant amount of school, was unable to drive, and became completely dependent on her mother. At a hearing on Melissa’s motion, a member of S.W.’s medical team described her condition as debilitating. Russell presented no evidence to dispute that S.W. had become disabled while in high school and before reaching the age of majority or that she remained disabled at the time of the hearing. Instead, he argued that he had no duty to pay child support once S.W. turned 19. The court granted Melissa’s motion and ordered Russell to continue paying child support beyond the age of majority.

Rule of Law

Issue

Holding and Reasoning (Abramson, J.)

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