Parkhurst et al v. Tabor et al

Filing 166

ORDER denying 154 Motion to Set Aside Order.and Quash; affirming 153 Magistrate's Order; and granting 157 Motion for Order to Declare Payover Subordinate to Child Support Obligations as set forth. Signed by Honorable Robert T. Dawson on June 1, 2009. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ROSS PARKHURST and AMY PARKHURST, individually and as next friend of H.P., a minor child under the age of eighteen v. CHAD BELT, an individual Civ. No. 07-2068 PLAINTIFFS DEFENDANT ORDER Before the Court are LeAnn Hackler, Lee Hackler, and Patricia Hackler's (hereinafter "Hacklers") Objections To and Appeal of the Magistrate's Order Denying Their Motion to Quash Subpoenas or For Protective Order (Doc. 154) and LeAnn Hackler's Motion for Order to Declare Payover Order Subordinate to Child Support Obligation (Doc. 157). A. The Hacklers' Motion to Quash On February 23, 2009, the Court referred the Hacklers' Motions to Quash to the Honorable James R. Marschewski for disposition (Doc. 137). Judge Marschewski held a hearing on the Motions on March 26, 2009 and issued an order Denying the Motions to Quash on March 27, 2009 (Doc. 153). The Hacklers seek reconsideration of Judge Marschewski's Decision. Under Local Rule 72.1(VIII)(B) "The District Judge shall affirm the Magistrate Judge's finding unless he finds them to be clearly erroneous or contrary to law." In paragraph 10 of their brief, AO72A (Rev. 8/82) the Hacklers specify their objection as a claim that the ruling was contrary to law. The Hacklers identify Arkansas statutes allowing spouses separate property and affirming the proposition that spouses are not liable for each others debts as laws contrary to the Order. Since Chad Belt's assets, including marital property, are subject to seizure, discovery concerning the extent of these assets is not contrary to laws allowing separate property. The order denying the Motions to Quash (Doc. 153) is hereby AFFIRMED and the Motion to Set Aside (Doc. 154) is DENIED. B. Motion to Declare Payover Subordinate The Court's Payover Order (Doc. 122) ordered payment of "twenty-five percent (25%) of Separate Defendant Chad Belt's net wages after allowable deduction each pay period, in compliance with the Writ of Garnishment." The Writ of Garnishment (Doc. 109) states that "under Arkansas law, income withholding for child support has a priority over all other legal process. Under federal law, the total amount to be withheld cannot exceed the maximum statutes amount both allowed award under 303(B)." child Federal support and over state other priority for garnishments. 28 U.S.C. 3205(c)(8); Ark. Code Ann. 9-14-219. The Court hereby affirms the requirement of payment in compliance with the Writ of Garnishment (Doc. 109) and DECLARES the child support obligations superior, as required by both Page 2 of 3 AO72A (Rev. 8/82) state and federal statute. LeAnn Hackler's Motion to Declare Payover Subordinate to Child Support Obligations (Doc. 157) is hereby GRANTED. C. Conclusion The Hacklers' Motion to Set Aside Order Denying the Motion to Quash (Doc. 154) is DENIED and the Magistrate's Order (Doc. 153) is AFFIRMED. LeAnn Hackler's Motion to Declare Payover Subordinate to Child Support Obligations (Doc. 157) is GRANTED. Belt's employer is hereby ORDERED to withhold and pay child support first. IT IS SO ORDERED this 1st day of June, 2009. /s/ Robert T. Dawson Robert T. Dawson United States District Judge Page 3 of 3 AO72A (Rev. 8/82)

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