Supreme Court Of Arkansas Page 2
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14Cite as 2009 Ark. 599
For the reasons we set forth below, we reverse the order of the circuit court and remand the
case for proceedings consistent with this opinion.
OCSE filed a motion on behalf of Appellee’s ex-wife Angela Hearst to modify child
support. In the motion, OCSE asked the court to modify support based on the fact that
Appellee was now drawing monthly Social Security benefits in the amount of $1362. In
addition, OCSE was seeking to collect an arrearage in the sum of $6642 for past-due child
support owed by Appellee. Appellee’s two children each received $232 in Social Security
Disability benefits, or a total of $464, as a result of their father’s disability. These payments
went directly to Angela Hearst, the custodial parent. OCSE asked the court to consider the
disability benefits paid to the children as income attributable to Appellee. Based on income
totaling $1826 (the sum of $1362 and 464), Appellee’s monthly child support payment,
according to the child-support chart, would be $574. Appellee would then be credited with
the amount already paid to the children by Social Security, $464, resulting in a balance of
$110 per month in additional child support owed by Appellee.
In support of its requested increase in child support, OCSE relied upon Section III(c)
of Administrative Order No. 10, which provides that the “court should consider the amount
of any separate awards made to the disability recipient’s spouse and children on account of the
payor’s disability.” Administrative Orders of the Supreme Court, No. 10, § III(c) (2009).
Appellee, on the other hand, asserted that the benefits paid to his children went directly to
the custodial parent and that, if he did not have children, no one would receive that extra
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09-135
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