Arkansas has recently updated its method of calculating child support obligations through Administrative Order No. 10. The previous method only considered the income of the non-custodial parent, but the new “income-sharing” model takes into account the income of both parents.
Under this new model, the court determines the basic costs of living for the child and then calculates each parent’s contribution based on their percentage of the combined income. For example, if the combined income is $6,000 and one parent makes $4,000, that parent would be responsible for 66.66% of the child support obligation.
The new child support laws in Arkansas also include a method for calculating support in joint custody cases to provide uniformity across the state. The court may consider the time spent with the child and the income disparities between the parents when adjusting child support.
Child support lawyers in Arkansas can help parents navigate these new guidelines and ensure their children’s needs are met.
Who Needs to Pay Child Support in Arkansas?
Under Arkansas child support laws, non-custodial parents are required to pay child support until their child reaches the age of 18 or until they graduate from high school if they are still in school at age 18. The non-custodial parent is the parent who has the child less than 50% of the time in the custody arrangement, while the custodial parent has the child the majority of the time (or at least more than 50%). The obligation to pay child support applies regardless of whether the parents were married or not.
The amount of child support is based on a formula that considers both parents’ incomes and expenses related to the child’s care, such as healthcare costs and childcare expenses. The court may also consider other factors, such as the child’s special needs or the parents’ shared custody arrangement.
Both parents have a legal obligation to support their child, regardless of who has physical custody of the child. If a parent fails to pay child support, they may face legal consequences such as wage garnishment, suspension of driver’s licenses or other licenses, or even jail time.
How Can I Petition for Child Support in Arkansas?
A custodial parent can petition for Arkansas child support payment by filing a request with the Office of Child Support Enforcement (OCSE). This can be done online, by mail, or in person at a local OCSE office. The OCSE will then work with the non-custodial parent to establish paternity, if necessary, and to set up a child support order.
To file a petition, the custodial parent will need to provide information about themselves, the non-custodial parent, and the child, including their names, addresses, social security numbers, and birthdates. The custodial parent will also need to provide information about their income and any expenses related to the child’s care.
After receiving the petition, the OCSE will schedule a hearing to determine the child support amount. Both parents will be required to attend the hearing, and the non-custodial parent will be required to provide information about their income and expenses. The court will then use a formula to calculate the child support amount based on the income and expenses of both parents.
If the non-custodial parent fails to appear at the hearing, the court may enter a default judgment against them, which means they will be ordered to pay the maximum child support amount under the law. If the non-custodial parent fails to pay child support as ordered, the custodial parent can seek enforcement through the OCSE, which can take steps such as wage garnishment or suspension of licenses to collect the unpaid support.
What Happens When Child Support is Not Paid in Arkansas?
When child support is not paid in Arkansas, there can be serious consequences for the non-custodial parent who is obligated to pay. Here are some of the potential consequences:
- Enforcement actions: The Office of Child Support Enforcement (OCSE) can take enforcement actions to collect past-due child support, such as wage garnishment, tax refund interception, and suspension of driver’s licenses, professional licenses, or passports.
- Contempt of court: If a court has ordered the non-custodial parent to pay child support and they fail to do so, they can be found in contempt of court. This can result in fines, jail time, or both.
- Interest on past-due child support: In Arkansas, past-due child support accrues interest at a rate of 10% per year.
- Damage to credit rating: Non-payment of child support can be reported to credit bureaus, which can damage the non-custodial parent’s credit rating.
- Felony charges: In some cases, failure to pay child support can be charged as a felony offense, particularly if the amount owed is very large or the non-custodial parent has a history of non-payment.
Past-due child support, also known as back child support, is the amount of child support owed but not paid. This can accumulate over time if the non-custodial parent fails to make payments as ordered. In Arkansas, interest on past-due child support accrues at a rate of 10% per year. The custodial parent can seek enforcement of past-due child support through the OCSE, which can take steps to collect the unpaid support through enforcement actions.
Will Nonpayment Affect My Visitation?
Nonpayment of child support generally should not affect a non-custodial parent’s visitation rights in Arkansas. Visitation and child support are two separate legal issues; one cannot be used as leverage to influence the other. The court will usually enforce visitation rights even if the non-custodial parent has fallen behind on child support payments.
However, if a non-custodial parent is found to be intentionally avoiding paying child support, the court may view this as a violation of the parent’s legal obligation to provide for their child and may take this into consideration when making custody and visitation decisions.
Additionally, if the non-custodial parent is facing enforcement actions for unpaid child support, they may be required to pay a portion of the back child support owed before being allowed to exercise visitation rights. This is known as a purge payment and may be ordered by the court as a condition for reinstating visitation rights.
How Can I Stop Paying Child Support in Arkansas?
In Arkansas, a non-custodial parent cannot simply stop paying child support without going through the legal process. However, there are a few situations where a non-custodial parent may be able to modify or terminate child support payments.
If there has been a significant change in the non-custodial parent’s income or the child’s needs, they may be able to petition the court for a modification of the child support order. For example, if the non-custodial parent has lost their job or has a medical condition that makes it impossible for them to work, they may be able to seek a modification of the child support order.
If a non-custodial parent’s parental rights have been terminated, they will no longer be obligated to pay child support.
In Arkansas, child support generally ends when the child turns 18 years old, unless they are still in high school, in which case child support may continue until they graduate or turn 19, whichever occurs first.
You should speak with a child support attorney if you want to stop paying child support. An attorney can help non-custodial parents understand their legal rights and obligations, evaluate whether there are grounds to seek a modification or termination of the child support order, and represent them in court.
Where Can I Find the Right Lawyer?
If you are facing a child support issue in Arkansas, seek the help of a skilled child support lawyer. Whether you are seeking to establish or modify a child support order or are facing enforcement actions for unpaid support, a knowledgeable attorney can provide invaluable guidance and advocacy.
Don’t hesitate to reach out to a qualified Arkansas child support lawyer for assistance today.
