ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
KAREN R. BAKER, Judge
RONALD M. OSBORNE
ASHLEY SALMON, JOHN P. SALMON
TRUST ONE, and STEVEN W. SMITH,
APRIL 12, 2006
APPEAL FROM THE PULASKI COUNTY
HONORABLE MACKIE MCCLELLAN
PIERCE, CIRCUIT JUDGE
On its own motion, the trial court in this case set aside a judgment it had entered against a
garnishee to satisfy a child support obligation finding that the payor and payee had colluded to
remove monies from the garnishee trust. Appellant Ronald Osborne, the father of the minor
child and payee, alleges three points of error on appeal: (1) The trial court erred by vacating the
valid judgment against the payor for child support arrears; (2) The trial court erred by vacating
the valid judgment against the garnishee for child support arrears; (3) The trial court erred by
considering hearsay testimony to make a finding of fraud. Two appellees are named on appeal:
Ashley Salmon as the payor of the child support, and Steven W. Smith, Trustee of the John P.
Salmon Trust One as the garnishee. We find no error and affirm.
On February 14, 2003, an order entitled Agreed Order to Modify Child Support was
entered by the Circuit Court of Pulaski County, Ninth Division. This order stated the matter
came before the court with Mr. Osborne and his counsel appearing, with Ms. Salmon not
appearing, and submitted to the court upon Mr. Osborne’s motion, due service, and the testimony
of Mr. Osborne. The order also set forth the following facts: On August 19, 1997, a son was
born to Ronald Osborne and Ashley Salmon. Paternity was established and custody of the minor
child was initially placed with Ashley Salmon subject to the reasonable visitation rights of Mr.
Osborne, and Mr. Osborne was ordered to pay support for the minor child. On January 9, 2003,
an agreed order to change custody and for specified visitation was entered by the court.