Robertson, Oswalt, Nony & Kennedy PLLCRobertson, Oswalt, Nony & Kennedy PLLC2026-08-24T09:01:39Zhttps://www.robertson-law-firm.com/feed/atom/WordPress/wp-content/uploads/sites/1104661/2025/11/cropped-Robertson-Oswalt-Nony-Kennedy-PLLC-favicon-32x32.jpgOn Behalf of Robertson, Oswalt, Nony & Kennedy PLLC<![CDATA[Can alimony in Arkansas last for life?]]>https://www.robertson-law-firm.com/?p=573602026-08-24T09:01:39Z2026-08-24T09:00:01ZWhen can permanent support be awarded?
Under state law, judges can make an award based on each case’s circumstances. Financial need and ability to pay are two main factors. Courts may also consider:
Length of the marriage
Each spouse’s income and assets
Ability to earn income
Health and medical needs
Standard of living during the marriage
How property acquired during the marriage is divided
A permanent award may be more likely after a long marriage when the lower-earning spouse has limited options for supporting themselves. Advanced age, chronic illness, severe disability, years away from the workforce, limited job skills or a major difference in earning ability may also matter.
How is temporary or rehabilitative support different?
Temporary payments can address financial needs while your divorce is pending. Rehabilitative alimony lasts for a set period to help the person receiving it work toward financial independence. That time could allow for:
Career training
Education or certification
Returning to the workforce after years of caregiving
State law also allows a court to consider a plan built around those goals when deciding how much support to award and how long it should last.
Does permanent support always last a lifetime?
No. Unless a court order or agreement says otherwise, alimony automatically ends when the spouse receiving it remarries, lives full time with another person in an intimate relationship or either party dies. Occasional overnight stays do not necessarily mean that the couple is living together full time. Either spouse may also ask the court to review the award if their financial circumstances change substantially.
Understanding what long-term support could mean for you
Whether alimony lasts for a few years or much longer depends on your finances, work history, health and the circumstances of your marriage. Gathering records of your income, expenses and employment history can help you understand the factors that may shape alimony during divorce.
Because Arkansas judges consider many factors when deciding support, an attorney can explain how those factors may affect your situation and how long alimony might last. Having that context can help you approach the financial side of divorce with clearer expectations.]]>On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC<![CDATA[A guide to financial survival during an Arkansas divorce]]>https://www.robertson-law-firm.com/?p=573552026-08-03T12:58:28Z2026-08-03T12:58:28ZUnderstanding equitable property division
While an Arkansas court starts with a 50/50 presumption for marital property, the goal is fairness and not necessarily an equal split. Assets owned before the marriage or received via inheritance have general protection as separate property.
When an even split of the marital property is unfair, the court considers several factors, including:
Length of the marriage
Age and health of both parties
Vocational skills and employability of each spouse
Need of a custodial parent to reside in the family home
Ultimately, these considerations help ensure the fair division of assets based on the unique circumstances of the marriage.
A solution for immediate protection
For many lower-earning spouses, a common fear is how to pay bills the day after moving out.
To quell this, a judge can issue temporary orders to mandate pendente lite provisions for the following:
Temporary spousal support
Payment of the mortgage or utility bills
Child support and custody arrangements
By addressing these concerns early on, the court can help ensure the protection of both spouses and any children while the divorce is pending.
Long-term support for stability
In Arkansas, spousal support can help the lower-earning spouse keep a similar standard of living after the marriage ends. Alimony can be on a rehabilitative or fixed-term basis, depending on the couple’s circumstances.
Why financial preparation is vital
Collecting tax returns, bank statements and debt records can help you clearly understand your finances and protect yourself during a divorce. Doing so also lets you plan for upcoming costs in the process, helping you avoid surprises.
Listing your shared assets and debts early helps ensure nothing is missed when negotiating a fair settlement. Staying organized from the start can make the process smoother and help your lawyer represent you more effectively.
Creating a path to independence
The transition into post-marital life is often defined by the financial foundations laid during the divorce process. When advocating for a fair share of marital assets, being well-prepared is your greatest advantage. Seeking legal guidance can help you work toward a resolution that provides long-term stability.
]]>On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC<![CDATA[Will you lose your kids? What Arkansas joint custody law means for you]]>https://www.robertson-law-firm.com/?p=573512026-08-03T08:23:33Z2026-08-03T08:16:45ZWill you lose your kids? What Arkansas joint custody law means for youIf you are staring down a divorce in Arkansas, one question probably keeps circling in your mind: will you lose your kids? That fear is real and it is common. Many parents picture a courtroom scene where a judge hands one parent full custody and leaves the other with a couple of weekends a month. The good news is that Arkansas law now leans in a very different direction, and seeing how it works may ease some of that worry.
What does Arkansas Act 604 actually say?
Arkansas lawmakers passed Act 604 in 2021, and it changed how judges approach custody from the very first hearing. Under this law, courts now start with a presumption that joint custody serves the best interest of the child. That means, unless something in your specific case points strongly the other way, both parents can expect to share meaningful parenting time rather than one parent taking the lead role while the other steps back.This presumption applies to original custody determinations in divorce and paternity cases across the state, including in Pulaski County courts. It does not automatically guarantee an equal time split down to the day, but it does set joint custody as the starting point rather than something a parent has to fight for from scratch.
When do courts step away from joint custody?
Judges may depart from the joint custody presumption, though only under certain circumstances. Arkansas law requires clear and convincing evidence before a court can move away from joint custody in an original case. This is a fairly high standard. A parent seeking sole custody may need more than general complaints or personality conflicts with the other parent.Courts have looked at factors such as:
A documented history of domestic abuse by one parent.
A parent's status as a registered sex offender.
Credible evidence that raises concerns about a child's safety, health or overall well-being.
Long term housing or employment instability that could make shared parenting impractical.
These factors may not determine the outcome on their own. Instead, judges in Pulaski County could consider them alongside the broader best interest standard under Arkansas law. Organized documentation, school records, medical records and witness statements may help support your position. Even so, each custody case depends on its own facts and circumstances.
How can you build your case with the right support?
If you believe joint custody is not the right setup for your child, gathering evidence early may serve you well. A family law attorney familiar with Pulaski County courts can help you learn what kind of proof tends to carry weight and how local judges have applied Act 604 in similar situations. Since this area of law continues to develop through new court decisions, staying in touch with an attorney throughout your case may keep your approach aligned with current practice.
You still have a voice in your child's future
Arkansas Act 604 shifted the starting point for custody cases, but it did not remove your ability to advocate for your child. Your family situation may call for joint custody or you may have real concerns about equal time. Either way, working with a knowledgeable Arkansas family law attorney may help you present your case clearly and give your child's needs the attention they deserve.]]>On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC<![CDATA[5 mistakes parents make when speaking to DCFS without a lawyer]]>https://www.robertson-law-firm.com/?p=573492026-07-22T15:23:23Z2026-07-22T15:23:23ZSharing more information than the question requires
Long explanations may add unrelated facts or make a truthful account seem inconsistent. For example, discussing years of family conflict in response to a question about one event could broaden the inquiry.
Treating the investigator as a counselor
A calm tone can make the conversation feel informal. However, the worker gathers facts and records your responses. Complaints about a former partner or details about private struggles could appear in case notes without the context you intended.
Agreeing to home access without asking questions
Opening the door does not mean you must agree at once to every request to inspect rooms, cabinets or personal belongings. Before allowing access, you can ask why the worker wants to enter, which areas require inspection and what authority supports the request.
Signing broad releases without seeking legal review
A general authorization could provide access to medical, school or counseling files. Some of those materials might have no connection to the report. Reading an authorization’s scope, purpose and end date can show what information the agency seeks.
Answering important questions before consulting a lawyer
In Arkansas, officials send an accepted report to DCFS or the Crimes Against Children Division based on the nature and severity of the concerns. The Department of Human Services explains that an investigator may meet with those involved, note added concerns and usually complete the inquiry within 45 days.
A lawyer can explain the allegations, help you prepare a focused response and assess how your answers could affect a related court case.
Why thoughtful preparation matters
A home visit does not automatically mean that DCFS will remove a child or seek court action. Even so, the agency’s findings could lead to an administrative appeal or affect a dependency-neglect case or related criminal matter.
Those consequences make documentation important after the meeting. Keep notices, signed forms and notes about each conversation together. These materials can preserve an accurate account of each interaction.]]>On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC<![CDATA[What to do when your ex makes false domestic violence claims during an Arkansas custody case]]>https://www.robertson-law-firm.com/?p=573462026-07-01T18:59:27Z2026-07-01T18:59:27Z Arkansas divorce and custody disputes, allegations of domestic violence can change the trajectory of a case overnight. Unfortunately, it is not uncommon for spouses to manufacture or exaggerate accusations to gain leverage in custody negotiations, restrict parenting time or influence the court’s view of a parent’s fitness. If you are facing unfounded claims, a single misstep can cost you your kids and your reputation. The key is to respond strategically and with credible evidence.
Why these allegations matter in Arkansas custody decisions
Arkansas courts decide custody based on the child’s best interests. Evidence of family violence can affect custody, visitation conditions and protective orders. Even before a final hearing, temporary orders may limit contact with your child. That is why you must treat every allegation as case-defining, even if it is untrue.
Immediate steps to protect yourself and your parenting time
If facing accusations, your first moves should focus on safety, documentation and legal positioning. The goal is to avoid actions that can be mischaracterized while building a clear record for the judge.
Follow all court orders and avoid direct conflict, including heated texts or surprise visits
Preserve evidence such as messages, call logs, photos, medical records and witness names
Use structured communication tools when possible and keep messages brief, factual and child-focused
Attend every hearing and arrive prepared with organized exhibits and timelines
Work with counsel to request appropriate temporary visitation and to challenge unsupported claims
These steps help show the court that you are cooperative and focused on the child, not the conflict.
Building a strong defense without escalating the situation
After the initial response, focus on credibility. It is also important to note that retaliation generally backfires. Avoid social media commentary, do not pressure mutual friends to “take sides” and do not discuss the case with the child.
Stay calm, stay documented, stay child-centered
False domestic violence allegations are serious and emotionally exhausting. Panic and impulsive reactions can undermine your custody position. In Arkansas, parents generally do best when they comply with orders, document everything and present a steady, child-centered plan. If facing accusations, consult an Arkansas family law attorney promptly and treat every interaction as if a judge will read it later.]]>On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC<![CDATA[When divorce papers come without warning: Taking the first steps]]>https://www.robertson-law-firm.com/?p=573442026-06-26T12:39:10Z2026-06-26T12:39:10ZOpening the door to find divorce papers can turn an ordinary day upside down. If you did not expect your spouse to file for divorce, you may feel shocked, hurt or even betrayed. Those emotions often come with panic as you realize the papers contain legal deadlines that require your attention. While the situation may feel overwhelming, responding thoughtfully can help protect your rights and prepare you for what’s ahead.
Pause before you react
Strong emotions can make it tempting to ignore the paperwork or confront your spouse. Those reactions are understandable, but they can create significant challenges.Being served with divorce papers does not mean every issue has already been decided. Important decisions about property division, child custody, spousal support and other family matters may still require negotiation or a court's decision. Missing a response deadline, however, could affect your ability to present your position during the divorce process.Start by reading the paperwork carefully so you understand what your spouse has requested and when your response is due. Gathering financial records and other important documents early can also make the next stages of the case easier to manage.
Focus on the next step, not every step
Looking too far ahead can make a stressful situation feel even more difficult. Instead, focus on the practical steps you can take now, such as:
Read every document carefully and note important deadlines.
Keep copies of all paperwork in one organized location.
Avoid major financial decisions before understanding the legal process.
Communicate respectfully with your spouse, if necessary, and avoid emotionally charged confrontations.
Speak with a family law attorney as soon as possible to understand your rights and legal options.
Although these steps cannot remove the emotional strain of divorce, they can help you stay organized and avoid unnecessary mistakes.
Move forward one step at a time
Being served with divorce papers is the moment most people realize their marriage is truly coming to an end. While you cannot change what has happened, the choices you make in the days ahead can help protect your rights and prepare you for the next chapter.An experienced Arkansas family law attorney can provide steady guidance as you manage difficult decisions, helping you understand your rights while working toward an outcome that reflects your family's unique circumstances.
]]>On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC<![CDATA[Spotting parental alienation: Is your ex turning your child against you?]]>https://www.robertson-law-firm.com/?p=573422026-05-21T16:16:50Z2026-05-21T16:16:50ZGoing through a divorce when you have children means that you can’t decide to completely cut ties with your ex. Instead, you’ll have to work to raise the children together. While many exes can do that without issues, there are times when one parent doesn’t do what’s best for the children.
One issue that can occur is parental alienation, which involves behaviors that pressure the child to fear, reject, dislike or distance themselves from the other parent. If you believe that you’re the victim of parental alienation, you must learn about some of the signs.
Signs of parental alienation
If your child is being affected by alienating behaviors, they may do things that you don’t understand. Some common examples include suddenly refusing to visit you or making harsh accusations without details. They may show intense anger that isn’t warranted by the situation. They might seem afraid to share positive memories or show affection. These signs are often because the child is being groomed by your ex to view them as the good parent and you as the bad parent. This isn’t always done directly, but could be the result of the child hearing negative comments about you. In some cases, the alienation is direct because your ex may interfere with your relationship with the child.
Alienation versus safety concerns
It’s important to recognize that parental alienation concerns are much different than situations where there is a valid safety concern. A child may reject visits or contact if they have a valid reason, such as neglect, abuse or high-conflict behaviors. Courts will look for facts, patterns and evidence rather than just labels. Cases involving parental alienation often come with significant documentation, such as missed visits, screenshots, calendars, school records and unanswered messages. Examples of interference are also common in these cases. Parental alienation is a significant child custody issue that you must take seriously, but it can be an emotionally challenging situation. Working with someone familiar with these matters may be beneficial since they’re so complex. ]]>On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC<![CDATA[Avoiding common mistakes people make before filing for divorce ]]>https://www.robertson-law-firm.com/?p=573392026-05-18T04:09:01Z2026-05-18T04:09:01ZGiven all that is at stake, many people understandably feel overwhelmed by uncertainty about finances, parenting arrangements and the future when they start to think about filing for divorce. During this stressful period of life, it is common for individuals to make avoidable mistakes that may complicate their eventual divorce process or negatively affect the outcome of that process as a whole.
If you and your spouse are thinking about going your separate ways, a thoughtful and informed approach before filing can help you to proactively protect your interests moving forward.
Beware these common errors
One common mistake to avoid involves making major financial decisions without understanding the potential long-term consequences. For example, some people empty joint bank accounts, make unusually large purchases or transfer assets out of anger or fear. These actions may create distrust, increase conflict and potentially damage your credibility (and your credit) during the divorce process. Disclosures during divorce require detailed information about income, debts, retirement accounts, investments, business interests and household expenses. Waiting until after tensions escalate to look into these realities may make it harder to make informed financial decisions. This is the flip side of acting too soon. Delaying the financial process of “getting your affairs in order” can impact your situation negatively as well. Organizing financial information early can help you better understand your situation and prepare for negotiations or court proceedings accordingly.Many people also make the mistake of discussing their potentially impending divorce extensively on social media. Angry posts, photographs, text messages or public comments can sometimes become evidence in court. Even posts intended as jokes or emotional venting may be taken out of context. It is often wise to limit social media activity during a divorce and avoid discussing legal matters publicly as a result. Parents also sometimes unintentionally place children in the middle of conflict before a divorce even begins. Speaking negatively about the other parent, pressuring children to choose sides or involving them in adult disputes can create emotional harm and may affect future custody decisions. Some individuals also delay speaking with a skilled legal team for a variety of reasons. However, waiting too long to seek legal advice may leave people unprepared for important financial or custody issues. Consulting with a legal professional does not mean divorce is inevitable. It will simply allow you to understand your rights and options before making major decisions.]]>On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC<![CDATA[Navigating the emotional toll of parental relocation]]>https://www.robertson-law-firm.com/?p=573352026-05-04T18:28:22Z2026-05-04T18:28:22ZParental relocation after a divorce or separation is rarely a straightforward situation. Although there are many potential advantages associated with a move, there are also drawbacks – especially when a co-parent who is invested in their children’s well-being will be separated by a significant distance as a result.
Ultimately, whether a possible move is driven by a new job, a support network or a desire for a fresh start, the likely impact on both the parents and children deserves careful consideration.
Pros, cons and a complicated grey middle zone
From a parent’s perspective, relocation can offer meaningful benefits. Moving closer to extended family may provide childcare support and emotional stability. A new job opportunity may improve financial security, which can directly benefit a child’s quality of life. In some cases, relocation can also create distance from a difficult environment, allowing a parent and child to build a more stable routine.However, these benefits are also often paired with trade-offs. One of the most significant concerns at issue may be possible effects on a child’s relationship with their other parent. Increased distance can limit regular, in-person contact and make it harder to maintain consistent parenting time. Connection-based technology can help. But, understandably, for the parent who remains behind, this can create feelings of loss and reduced involvement in their child’s life.Emotionally, relocation decisions can heighten tension between parents. One parent may view the move as necessary and beneficial, while the other may see it as disruptive or unfair. These differing perspectives can lead to conflict, making communication and cooperation more difficult during an already sensitive time.Courts generally focus on the best interests of the child when evaluating contested relocation requests. A well-thought-out plan that addresses transportation, communication and parenting schedules can make a difference in both legal outcomes and emotional adjustment associated with a relocation request. Navigating the emotional toll of relocation requires balancing opportunity with stability. Open communication, realistic expectations and a focus on a child’s well-being can help families manage the transition more effectively. Working with a skilled legal team can make it easier to develop a plan that supports both legal requirements and the long-term emotional health of the whole family.]]>On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC<![CDATA[Can your child’s online life impact your custody case in Arkansas?]]>https://www.robertson-law-firm.com/?p=573332026-04-27T15:57:05Z2026-04-27T15:57:05ZParents are often cautioned to avoid posting on social media when they’re in the midst of a custody case or dispute. There’s always the possibility that a social media post could end up being displayed to the court and negatively affect the parent’s position.
Increasingly, however, something a bit less obvious is also being brought up in the courts: the digital footprint of the children involved in these cases.
Why does your child’s digital footprint matter to custody?
In Arkansas custody cases, judges are guided by one central principle – the best interests of the child. That means nearly anything that the court believes reflects on parenting, supervision, emotional stability or the parent-child relationship can become relevant. A child’s online activity can be used to illustrate a great deal about their home situation. A child’s social media activity, for example, can reflect their behavior, emotional state and home environment. The courts recognize that posts, messages, photos and videos can all provide insight into a child’s emotional and physical well-being and a parent’s involvement.
How can a child’s online activity be used in court?
There are a lot of differing opinions about how much online activity is “too much” for a child, and one parent seeking to demonize the other may point to their child’s internet usage and say it is:
Evidence the child lacks supervision: If a child’s account reflects risky or inappropriate behavior (even jokingly) like substance use, dangerous activities or explicit content, it can raise questions about a parent’s failure to provide proper guidance or supervision.
Signs of parental alienation: Social media can also reveal how a child views each parent. Posts, comments and messages that reflect hostility toward one parent may be used to support claims of parental alienation, and that can support a custody modification.
Indicative of mental health concerns: A child’s online behavior may also raise concerns about their emotional well-being. Posts suggesting depression, anxiety, self-harm or extreme distress can become part of a custody case if one parent seems to be unaware of, indifferent to or outright ignoring the issue.
Reflective of their parenting and home environment: In some cases, a pattern of concerning online behavior tied to one household can be used to argue that a parent is not providing a stable or safe environment. Judges may look at whether a child’s posts indicate that their home life is chaotic or unsupportive of their emotional needs.
Even content that feels private or is “restricted” to friends and family only can still end up in court. Once something is online, there’s no reasonable expectation of privacy that will prevent it from being used.
How can you protect your position in a custody case?
You don’t have to control everything your child does online. You do, however, need to:
Monitor your child’s social media use in an age-appropriate way
Set clear rules about what can and cannot be posted
Talk openly about online safety, privacy, and digital reputation
Address any concerning behavior early rather than ignoring it
Avoid discussing custody disputes or the other parent online
Ultimately, it’s important to remember that online activity is not created in a vacuum – and it has real-world implications. Your child is not capable of understanding just how significant their online activity can be, so you have to be conscious of the issues for them.If you’re involved in a contentious custody case, experienced legal guidance can help you navigate the situation as effectively as possible. ]]>