James v. James

In James v. James, 52 Ark. App. 29, 914 S.W.2d 773 (1996), pursuant to a 1987 divorce decree, the mother was awarded custody of the parties' three minor children, and the father was ordered to pay $ 450 per month child support. In July, 1992, one of the parties' children turned eighteen, and the father reduced his child-support payments to $ 360 per month, but did not seek an order from the chancery court allowing for such a reduction until May, 1994. The chancellor, however, relied on a statutory provision that child-support payments are reduced to judgment as they accrue and become due and, accordingly, he awarded the mother a judgment in the amount of $ 2,160 for the $ 90 per month for the twenty-four months of reduced child-support payments by the father. On appeal, the Court held, citing Ark. Code Ann. 9-14-237, that the chancellor erred in awarding child-support arrearage for the child who turned eighteen.