State Office of Child Support Enforcement v. Offutt

I would affirm the chancellor because I believe the facts of this case are suggestive of constructive fraud as defined by this court in First Nat’l Bank v. Higginbotham, 36 Ark. App. 65, 818 S.W.2d 583 (1991), and our supreme court in Davis v. Davis, 291 Ark. 473, 725 S.W.2d 845 (1987). In this case, it is undisputed that the trial court took the matter of the arrearage award under advisement after a hearing and did not issue a ruling. After several months had passed, the attorney for OCSE prepared a precedent that awarded OCSE $100 per month for five years and sent it to the judge and to…