FROM THE SALINE COUNTY CIRCUIT COURT [NO. 63DR-11-1259],
HONORABLE ROBERT HERZFELD, JUDGE
Young & Houston, PLLC, by: Brent Houston, for appellant.
Kemp, PLLC, Little Rock, by: Angela Mann, for appellee.
R. ABRAMSON, Judge
parties were divorced by decree of the Saline County Circuit
Court in 2012. Appellee Melissa Warner has custody of the
parties daughter, S.W., who turned 18 years old in February
2017. On August 21, 2017, Melissa filed a motion to modify
child support and to compel disclosure of income information.
S.W. had been diagnosed with neurocardiogenic syncope, and
Melissa sought to continue appellant Russell Warners support
obligation past S.W.s 19th birthday. After a hearing, the
circuit court found that child support should continue and
entered an order extending child support past the age of
majority. On appeal, Russell argues that there was
insufficient evidence to support the circuit courts
determination that the parties adult child suffered from a
disability at the time of her majority when it extended his
obligation to continue to pay child support. We disagree and
standard of review for an appeal from a child-support order
is de novo on the record, and we will not reverse a finding
of fact by the circuit court unless it is clearly erroneous.
Ward v. Doss, 361 Ark. 153, 205 S.W.3d 767 (2005). A
finding is clearly erroneous, even though there is evidence
to support it, if the reviewing court on the entire evidence
is left with the definite and firm conviction that a mistake
has been committed. Deluca v. Stapleton, 79 Ark.App.
138, 84 S.W.3d 892 (2002). In reviewing a circuit courts
findings, we give due deference to that courts superior
position to determine the credibility of the witnesses and
the weight to be accorded to their testimony. Ward,
sole issue on appeal is whether the circuit court properly
ordered that support continue beyond the age of majority. The
custodial parent seeking continued support bears the burden
of proving that support should continue. Harris v.
Harris, 82 Ark.App. 321, 107 S.W.3d 897 (2003).
Code Annotated section 9-14-237 provides that:
(a)(1) Unless a court order for child support specifically
extends child support after these circumstances, an obligors
duty to pay child support for a
child shall automatically terminate by operation of law:
(A) When the child reaches eighteen (18) years of age, unless
the child is still attending high school;
(B) If the child is still attending high school, upon the
childs high school graduation or the end of the school year
after the child reaches nineteen (19) ...