What is Child Support And When Does it Occur In Arkansas?

Child support is one of several subjects of contemplation for estranged parents in Arkansas. According to state family law, parents are required to contribute towards the cost of raising a child until they become independent. The Arkansas Judiciary and the Office of Child Support Enforcement aid parents in initiating and enforcing this responsibility. Records of these cases are mostly available to the public unless sealed by court order or statute.

Records that are considered public may also be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

What is Arkansas Child Support? 

Child support is a decree ordering persons who have a child together to provide for the necessary support and care after the dissolution of the family unit (A. C. A. § 9–12–312).. Arkansas distinguished between the roles of parents under this order by assigning one person as the custodial parent. This partner receives child support, and they ideally contribute less money to the child's upkeep while handling other parenting responsibilities. The other partner is the non-custodial parent. They pay child support to the custodial parent.

What Does Child Support Cover in Arkansas?

Generally, the court shall ensure that the amount of the award for child support payments covers the average cost of supporting and raising a child in Arkansas. Thus, child support generally  provides for the following:

• Food
• Clothing
• Housing
• Educational costs
• Health insurance
• Dental/Vision insurance
• Routine uninsured medical expenses
• Uninsured extraordinary expenses
• Childcare costs
• Travel expenses
• Extracurricular activities

What is the Average Child Support Payment in Arkansas?

It depends. Arkansas uses the Child Support Guidelines to calculate the amount of child support a non-custodial parent may be required to pay monthly. According to the guideline, the court uses an income shares model, i.e., each parent’s share of the combined total gross income determines the percentage of income available for child support (Ark. Admin. Order of the Supreme Court, Rule 10 Sec 5)..

The judiciary reviews the guideline every four years to ensure that payment remains equitable and reflects current economic conditions. The goal is that every child receives the kind of support they are entitled to, regardless of the relationship between parents. Interested persons may use the child support calculator and worksheet to estimate the amount payable by him/her. Regarding the extraordinary expenses mentioned earlier, Arkansas uses a deviation factor to give the paying parent rebate for out-of-pocket expenses more than $250.00.

Meanwhile, parents may reach an understanding regarding the payable amount while preparing the divorce settlement agreement. However, the amount may be greater or equal to the estimate prepared with the worksheet. The presiding judge shall also subject the settlement agreement to review before granting a final decree of divorce.

How Do I Apply for Child Support in Arkansas?

The Office of Child Support Enforcement (OCSE) provides systematic instructions for eligible parents to apply for child support in the state. Generally, interested applicants may print a request for services form, complete and mail the request to the OCSE. Alternatively, he/she may visit the local OCSE office to apply. There is also the option of contacting the local OCSE office by phone or calling (501) 682–8398 to begin an application. Out-of-state applicants are generally advised to review this webpage on interstate cases before completing an application.

Mail-in applications should go to the nearest local OCSE office in a self-addressed, stamped envelope. All applicants are typically required to pay an application fee of $25.00 by personal check or money order. The OCSE, however, waives the fees for eligible applicants, e.g., persons on public assistance.

Upon receiving the application, the OCSE shall send confirmation to the applicant and contact them within thirty days for additional documentation or information if required.

Note that the Office of Child Enforcement charges an annual service fee of $36.00 from the non-custodial parent. The first fee is payable at the time of initial payment. The service fee is payable each year on the month of the order. Obligated spouses may also pay $9.00 per quarter (A. C. A. § 9–12–312.e1(B)).. Concerned persons may see other associated court costs depending on the nature of the case.

How Do I Get Out of Paying Child Support in Arkansas?

Arkansas allows the court to terminate child support under conditions in A. C. A. § 9–14–237. These conditions include marriage, maturity, and getting an interlocutory decree of adoption.

Still, either parent may request a review of the court order for child support once every three years. The request must be due to a discrepancy in support per the child support guidelines. Otherwise, the parent must have experienced a 20% difference or a $100 monthly change in gross income.

The OCSE shall initiate the action on the parent’s behalf, and the court shall assess whether the request merits modification. Note that the requester bears the burden of proof.

Concerned persons may request modification sooner than mandated if there have been considerable changes in circumstances. These circumstances include, but are not limited to:

• The emancipation or death of a qualified child;
• Incarceration of a parent;
• Significant change in income, ranging from job loss to change in employment, inheritance, and lottery winnings;

Note that the content of this section does not replace professional advice from an experienced family lawyer. The circumstances that make a modification request necessary are unique to every case, and an experienced family law attorney is in the best position to provide legal advice.    

What is Back Child Support in Arkansas?  

Back child support refers to unpaid child support accrued since the effective order or the last payment date. It differs from retroactive child support, a claim for child expenses incurred by a custodial parent from birth until the application date. Arkansas recognizes retroactive child support.

Following a court order, the Office of Child Support Enforcement shall take administrative measures to ensure that defaulting parents fulfill the court-ordered obligation.  

How Do I Get Back Child Support Paid in Arkansas

Visit the local child support office to submit a complaint. The OCSE uses administrative enforcement tools such as liens, property seizure, reporting the debt to credit reporting agencies, and offsetting state income tax refunds. The OSCE only initiates a court action when administrative mechanisms are ineffective.

In 2020, Arkansas offset the back child support for defaulting parents who received the first economic stimulus check under the CARES Act. However, Congress exempted the second round of stimulus from the Treasury Offset Program (TOP).  

Is there an Arkansas Statute of Limitations on Child Support?

No. Per A. C. A. § 9–14–236, child support payments in Arkansas are not subject to time limitations.