Supreme Court Of Arkansas Page 3
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14Cite as 2009 Ark. 599
sum. The circuit court ruled that the benefits paid to the dependent children would not be
considered as income attributable to Appellee, reasoning that the sum of $464 (a) was paid
directly to the children, (b) never passed through Appellee’s hands, and (c) never went
through Appellee’s bank. Thus, the court determined Appellee’s income without considering
the additional benefits totaling $464. The court then set the monthly child support payment
at $414, and credited the $464 in SSD benefits paid to the children against Appellee’s monthly
child-support obligation, thereby satisfying the obligation. Appellee also requested a deviation
from the child-support chart, but the circuit court denied that request. OCSE now appeals
from the circuit court’s order modifying child support.
For its only point on appeal, OCSE contends that the Social Security Disability benefits
paid to Appellee’s dependent children should be considered as part of his income for the
purpose of determining child support. According to OCSE, the amount of the separate awards
made to Appellee’s children on account of his disability clearly fall under Section III(c) of
Administrative Order No. 10. Appellee counters that the separate awards are paid directly to
the custodial parent; therefore, they do not contribute to his household income and should
not be considered as such. He further suggests that because Section II of Administrative Order
No. 10 provides for the deduction of certain expenditures, based on the fact that the payor
has no discretion over payment of those amounts, the court should follow suit as he has no
discretion over the separate awards that are not made available to him for his use.
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09-135
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