version rule in Arkansas

2022Before addressing Mary’s specific arguments as they relate to child support, we observe that the trial court decided this case under the “Income Shares Model” adopted by the 6 supreme court in In re Implementation of Revised Administrative Order No. 10, 2020 Ark. 131 , which became effective on June 30, 2020.2 Administrative Order No. 10 takes into account the incomes of both parties instead of basing child support solely on the payor’s income, as in the prior version of the rule.

2016This revision is necessary because of electronic filing software and is consistent with Nucor Corp. v. Kilman, 358 Ark. 107 , 186 S.W.3d 720 (2004), in which the Supreme Court refused to read the original version of the rule to require “a listing of every plaintiff and every defendant on every summons, no matter how many plaintiffs and defendants are parties to the case.” Id. at 123 , 186 S.W.3d at 729 . 11 Cite as 2016 Ark. 29 Similarly, the phrase “directed from the State of Arkansas to the defendant to be served” has been added to reflect the holding of Gatson v. Billings, 2011 Ark. 125 .

2016This revision is necessary because of electronic filing software and is consistent with Nucor Corp. v. Kilman, 358 Ark. 107 , 186 S.W.3d 720 (2004), in which the Supreme Court refused to read the original version of the rule to require “a listing of every plaintiff and every defendant on every summons, no matter how many plaintiffs and defendants are parties to the case.” Id. at 123 , 186 S.W.3d at 729 . 11 Cite as 2016 Ark. 29 Similarly, the phrase “directed from the State of Arkansas to the defendant to be served” has been added to reflect the holding of Gatson v. Billings, 2011 Ark. 125 .

2016This revision is necessary because of electronic filing software and is consistent with Nucor Corp. v. Kilman, 358 Ark. 107 , 186 S.W.3d 720 (2004), in which the Supreme Court refused to read the original version of the rule to require “a listing of every plaintiff and every defendant on every summons, no matter how many plaintiffs and defendants are parties to the case.” Id. at 123 , 186 S.W.3d at 729 . 11 Cite as 2016 Ark. 29 Similarly, the phrase “directed from the State of Arkansas to the defendant to be served” has been added to reflect the holding of Gatson v. Billings, 2011 Ark. 125 .

2012Id.

2008Graves v. Stevison, 98 S.W.3d 848 (Ark.

2000After the promulgation of this version of the rule, two federal district courts in Arkansas and the Eighth Circuit Court of Appeals had an opportunity to review and discuss this issue in two federal cases originating in Arkansas. 1 First, Judge Henry Woods in the Eastern District of Arkansas, Western Division, addressed the newly enacted provision in Harlan v. Lewis, 141 F.R.D. 107 (1992).