DIVISION II
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
ROBERT J. GLADWIN, Judge
NENA LEE
APPELLANT
V.
VICTOR YOUNG
APPELLEE
CA06-509
FEBRUARY 21, 2007
APPEAL FROM THE HEMPSTEAD
COUNTY CIRCUIT COURT
[NO. E91-299-1]
HON. DUNCAN CULPEPPER,
JUDGE
AFFIRMED
Appellant Nena Lee appeals the December 21, 2005, order of the Hempstead County
Circuit Court, which found that res judicata prevented the trial court from ordering payment
of back child support from appellee Victor Young to appellant. Appellant contends on
appeal that the trial court erred in applying res judicata and in denying her motion for
judgment on the pleadings. Upon de novo review we affirm but do not rely upon res
judicata.
I. Facts
The parties were divorced by decree filed February 11, 1992. The property-settlement
agreement awarded custody of the parties’ two children to appellant, who was to receive
$70.00 per week in child support. On October 11, 1993, an agreed order modifying the
-2-
decree was filed that decreased child support to $2000 for the time period August 9, 1993,
to August 9, 1994. The order further provided in paragraph five as follows:
At such time as the Plaintiff [appellee] ceases to be a full-time student, and no later
than August 9, 1994, the Plaintiff is to report to the Court his income, and his child
support shall be set commensurate with said income and the Family Support Chart in
use by this Court at that time, and said support will become due and payable
beginning the first week after August 9, 1994.
On August 19, 1997, an agreed order modifying the decree and property settlement
agreement was filed that suspended child support between August 13, 1997, and June 30,
1998. On November 2, 1998, an agreed order modifying the decree and property settlement
agreement was filed that suspended child support between October 19, 1998, and June 30,
1999.
On January 29, 2003, appellant filed her petition for modification of the divorce
decree asking that the current child support be modified. Her attorney withd