Thompson v. Thompson

• Decision Date: 09 July 1973
• Docket Number: No. 73--11,73--11
• Citation: 254 Ark. 881,496 S.W.2d 425
• Parties: George W. THOMPSON, Appellant, v. Marie W. THOMPSON, Appellee.
• Court: Arkansas Supreme Court

Page 425

496 S.W.2d 425

254 Ark. 881

George W. THOMPSON, Appellant, v. Marie W. THOMPSON, Appellee.

No. 73--11.

Supreme Court of Arkansas.

July 9, 1973.

Herndon & Barton, P. A., North Little Rock, for appellant.

Osborne W. Garvin, Little Rock, for appellee.

BYRD, Justice.

Appellant George W. Thompson and appellee Marie W. (Thompson) Garvin were divorced in October 1967. That decree provided:

'. . . that plaintiff be and she is hereby awarded exclusive use and possession of the residence of the parties . . ., and that defendant be and he is hereby ordered to make the monthly payments on the mortgage . . . as they mature; that in addition to payment on the residence, defendant be and he is hereby ordered to pay to plaintiff the sum of $200.00 per month for the care and support of the minor children and alimony to the plaintiff.'

At the time of divorce appellant had a retirement and disability income of $538.99 per month.

On August 8, 1968, one of the three girls married and appellant reduced the $200.00 per month payment to $150.00. When the second oldest girl became 18 and self-supporting, he reduced the payments to $75.00 per month. After appellee remarried and rented the residence, he ceased making the mortgage payments. At the time of trial his retirement and Veterans Disability pay had increased to $773.00. This amount being tax free.

Upon petition of appellee, the trial court found that appellant was liable for accrued child support arrearages in the amount of $3,700 and accrued mortgage payment arrearages in the amount of $2,163. The residence was ordered to be sold and the proceeds divided between the parties. Child support for the remaining child was fixed at $150 per month. For reversal appellant contends:

'I. The Court erred in awarding judgment to the appellee for arrearages in child support despite the agreement between the parties for reduction following marriage and attainment of majority and erred further in awarding judgment to appellee for the monthly mortgage indebtedness payments on the property following her remarriage and having vacated same and receiving rental sums in excess of the mortgage indebtedness due thereon. These judgments would result in an unjust enrichment to appellee and further in an inequitable financial hardship to the appellant.

II. The court erred in awarding future child support of One Hundred Fifty Dollars ($150.00) per month to the daughter remaining at home, in view of the income and physical condition of appellant.

III. The Court erred in failing to give credit for the extensive government benefits received by two of the daughters while in college in the amount of One Hundred Seventy-Five Dollars ($175.00) per month per daughter.

There is a dispute between the parties as to the alleged agreement to reduce the child support payments to $150 upon the marriage of the daughter. We cannot say that the chancellor's finding on this issue is contrary to a preponderance of the evidence.

In Cash v. Cash, 234 Ark. 603, 353 S.W.2d 348 (1962), and Hinton H. Hinton, 211 Ark. 159, 199 S.W.2d 591 (1947), we held that sums paid from social security payments and military allotments should be credited to child support awards. The $175 per month here given by the Veterans Administration to a child of a disabled veteran while enrolled in college does not necessarily fall within the same category--i.e., it...