Office of Child Support Enforcement v. Neely

41 S.W.3d 423, 73 Ark. App. 198, 2001 Ark. App. LEXIS 251
CourtCourt of Appeals of Arkansas
DecidedApril 4, 2001
DocketCA 00-789
StatusPublished
Cited by4 cases

This text of 41 S.W.3d 423 (Office of Child Support Enforcement v. Neely) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Office of Child Support Enforcement v. Neely, 41 S.W.3d 423, 73 Ark. App. 198, 2001 Ark. App. LEXIS 251 (Ark. Ct. App. 2001).

Opinions

Sam BIRD, Judge.

This is a child-support case involving a 1983 Texas divorce decree. Tommie Neely and appellee Michael Neely were divorced in Texas on September 13, 1983, and appellee was ordered to pay $210 per month child support for one child. After appellee moved to Arkansas, appellant, Office of Child Support Enforcement, filed a petition in the Union County Chancery Court under the Revised Uniform Reciprocal Enforcement of Support Act (hereinafter “RURESA”) seeking to enforce the Texas decree for judgment on the arrearages and for an increase in child support. The court entered- an agreed order on August 29, 1984, that reduced appellee’s child-support obligation to $30 per week and awarded appellant a $300 judgment against appellee for arrear-ages. Tommie and the child later moved to Oklahoma. On referral from Oklahoma’s Child Support Enforcement Division, appellant filed a petition in Union County Chancery Court in 1991 for an increase in child support and for judgment on the arrearages accruing under the 1984 order. Referring to the 1984 order setting appellee’s obligation at $30 per week, the chancellor entered judgment in favor of appellant on November 26, 1991, in the amount of $2,203 and directed that appellee’s support obligation would remain at $30 per week.

On August 3, 1998, appellant filed another petition for arrear-ages in Union County Chancery Court based on the $30 weekly amount. However, on appellant’s motion, an order dismissing that petition was entered on December 15, 1998.

On December 15, 1998, appellant filed a petition pursuant tó the Uniform Interstate Family Support Act (hereinafter “UIFSA”) to register the 1983 Texas divorce decree and requesting judgment for arrearages in the amount of $22,816 based upon the $210 monthly child support amount specified in that decree. (Act 468 of 1993 enacted UIFSA and repealed RURESA. See Office of Child Support Enforcem’t v. Cook, 60 Ark. App. 193, 959 S.W.2d 763 (1998).) Appellee was notified of the petition to register the 1983 Texas decree and was informed that he had twenty days within which to contest its registration. Appellee did not contest registration of the Texas decree or request a hearing within twenty days. By a January 20, 1999, order of the Union County Chancery Court, the Texas decree was registered.

Appellant filed a contempt motion against appellee on February 22, 1999, alleging that appellee’s monthly child-support obligation remained at $210, as set by the 1983 Texas decree. Appellant sought judgment against appellee for an arrearage of $23,246.10, which it alleged to be the balance owed after giving appellee credit for all payments he had made. Appellee filed an answer to this motion in which he denied all of the allegations. Following a hearing, the chancellor rendered two orders, the combined effect of which was to hold that the 1983 Texas divorce decree did not repeal or take precedence over the subsequent Arkansas RURESA orders that reduced appellee’s child support obligation to $30 per week, that the Agreed Order of the Union County Chancery Court entered August 29, 1984, effectively modified the Texas divorce decree by changing his child-support obligation to $30 per week, that appellee’s failure to object to the registration of the Texas divorce decree did not have the effect of causing appellee to be in default, and that the Arkansas General Assembly’s repeal of the Uniform Reciprocal Enforcement of Support Act subsequent to the entry of the August 29, 1984, and November 26, 1991, orders of the Union County Chancery Court constituted an ex post facto law prohibited by the Constitutions of the United States and Arkansas.

The chancellor entered judgment in favor of appellant for arrearages in the amount of $2,690.56, based on the $30 weekly child-support amount set in the 1984 RURESA order, and increased appellee’s support obligation to $68 per week based on current income.

Appellant argues on appeal that the chancellor erred in holding that the August 29, 1984, RURESA order, rather than the 1983 Texas decree registered in Arkansas under UIFSA, was the controlling order as to child support because (1) the 1984 RURESA order did not modify the Texas decree and (2) appellee did not contest registration of the Texas decree under UIFSA’s provisions. Appellant also argues that the chancellor erred in modifying appellee’s child-support obligation.

On appellate review of ordinary equity cases, there are two different components of the chancellor’s ruling that are considered: the appellate court will not set aside a chancellor’s finding of fact unless it is clearly erroneous; this deference is granted because of the regard that the appellate court has for the chancellor’s opportunity to judge the credibility of the witnesses. Duchac v. City of Hot Springs, 67 Ark. App. 98, 992 S.W.2d 174 (1999). However, a chancellor’s conclusion of law is not entitled to the same deference; if a chancellor erroneously applies the law and the appellant suffers prejudice, the erroneous ruling is reversed; a chancellor does not have a better opportunity to apply the law than does the appellate court. Id.

Whether the 1984 RURESA Order Modified the Texas Decree

In fejferson County Child Support Enforcem’t Unit v. Hollands, 321 Ark. 456, 939 S.W.2d 302 (1997), the supreme court held that, in a RURESA proceeding, an Arkansas court does not nullify or supersede a sister court’s support decree unless it specifically provides for nullification; absent express words of nullification, an order filed by an Arkansas court that imposes a child-support obligation that is different from the obligation originally imposed by the sister state does not change or modify the sister state’s decree. In Hollands, the chancellor denied the child support unit’s motion to enforce a Michigan child-support order on the ground that a Jefferson County Chancery Court order entered pursuant to RURESA seven years previously had modified the Michigan court’s support decree and that, therefore, the Jefferson County order controlled the calculation of arrearages. The supreme court’s explanation for its decision to' reverse warrants consideration here:

As noted above, the General Assembly repealed RURESA when it enacted UIFSA, and the motion brought by the JCCSEU on behalf of the State of Michigan was brought under UIFSA rather than RURESA. Nonetheless, we must apply RURESA and the case law interpreting it in order to ascertain the effect, if any, of the Chancellor’s previous RURESA order upon the original Michigan support decree. Office of Child Support Enforcement v. Troxel, 326 Ark. 524, 526, 931 S.W.2d 784, 785 (1996). The Chancellor’s RURESA order entered in July 1992 did not nullify the Michigan decree; thus the Chancellor erred in refusing to calculate the amount of arrearages owed by Mr. Hollands with reference to the Michigan court’s award of $87 per week in child support.

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Cite This Page — Counsel Stack

Bluebook (online)
41 S.W.3d 423, 73 Ark. App. 198, 2001 Ark. App. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-child-support-enforcement-v-neely-arkctapp-2001.