Use this Arkansas child support law to learn about your
child support rights and responsibilites.
How is Arkansas child support determined?
In Arkansas, either parent may be ordered to provide child
support. The decision by the courts to order a reasonable amount of child
support are based on the following factors:
- the circumstances of the parents and the child;
- the nature of the case.
Arkansas has official child support guidelines that determine
child support paid based on the parent’s income and other financial
factors. These guidelines are designed to be in the best interests of the
child. When the payer’s income exceeds that on the state guideline chart,
the following percentages are used:
- One dependent: 15%
- Two dependents: 21%
- Three dependents: 25%
- Four dependents: 28%
- Five dependents: 30%
- Six dependents: 32%
The state child support guidelines will be used by the court to
determine the child support payments unless this amount is determined to be
unjust, and the court makes written findings on the record that the application
of the support chart would be unjust and inappropriate.
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age or the child graduates from high school, whichever occurs later. A child
will also automatically be ineligible for child support if that child marries,
is removed from disability status by a court order, or the child dies.
Arkansas's custody guidelines:
When it comes to awarding child custody in Arkansas, the
decision will be made without regard to the sex of the parent. The court
considers the welfare and the best interests of the child, as well as the
following factors:
- the circumstances of the parents and the child
- the nature of the case
- which parent is most likely to allow frequent and continuing
contact with the other parent
- and any acts of domestic violence
Joint custody may be awarded if it is found to be in the best
interests of the child.
Arkansas's medical insurance guidelines:
Generally, a determination about who is going to provide
medical health care insurance for the children and how uninsured medical bills
will be paid is part of the marital settlement agreement set out in the divorce
process. There is a standard medical order which requires both parents to carry
medical insurance at their place of employment if it is available at a
reasonable cost. Also under this order, each party is required to pay half of
the medical expenses of the minor child not covered by the insurance.
If the non-custodial parent has been ordered by the court to
pay medical support or to maintain health care coverage, this parent is subject
to income withholding for the health care coverage in Arkansas.
A court may issue an income deduction order to insure that the
required health care coverage is being provided for the children of the
parties. The income withholding order will become effective as soon as the
child or children are enrolled in a health insurance coverage plan.
Once activated, income withholding shall apply to current and
subsequent periods of employment. Furthermore, income withholding for
health care will have priority over all other legal processes against the
earnings of the non-custodial parent except an income deduction order for child
support.
How permanent are the provisions for Arkansas child
support and custody ?
As in most states, court orders providing for support and
custody of children are subject to modification after a divorce if there is a
substantial change in either of the parties’ circumstances, such as a
significant increase or decrease in income. In Arkansas, the criteria for a
modified court order includes:
- both parents offer their consent for a modification
- there is a 20% or a $100 change per month in the payer’s
gross income
In Arkansas, reviews of court orders occur once every 36 months
from the date of the most recent order or the most recent review.
While all orders concerning the children are modifiable in the
future, we encourage you to not enter into an agreement based on the idea that
it can always be changed or modified later.
Wage garnishment for child support payments:
Yes. Almost every state, including Arkansas, has a provision
for withholding child support directly from the earnings of the parent who has
been ordered to provide support. In fact, in Arkansas, all child support orders
issued include a provision for immediate implementation of income withholding,
barring any good reason not to require immediate withholding. The way money is
withheld is very similar to the way income tax
is withheld.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the custodial parent.
How does joint custody work?
In Arkansas, joint or shared custody may be awarded if the
court determines it is in the best interests of the child.
Specifically, joint custody is a form of custody of minor
children that requires both parents to share the responsibilities of the
children, and for both parents to approve all major decisions related to the
children.
While it is a 50-50 sharing of responsibilities and major
decisions affecting the children, it rarely works out to be a 50-50 sharing of
time with the children. Usually one parent is named as the primary joint
custodian and the other parent is granted visitation. The primary joint
custodian typically retains the decision making power to determine the
child’s primary residence and school and to designate things such as the
child’s primary physician.
How Arkansas determines child visitation:
The state guidelines assume that the non-custodial parent or
the parent who is not the primary joint custodian, has visitation rights every
other weekend and for several weeks in the summer.
Is there a statute of limitations on collecting unpaid child
support?
Yes, prior to 1998 the statute of limitations was 10 years. In
1998 a change was made to the statute lowering it to 5 years, and was not
retroactive. In other words, the custodial parent still has 10 years to collect
those missed payments if the cases is prior to 1998. For all cases after 1998,
the custodial parent only has five years.
Is there any interest applied to unpaid child support in
Arkansas?
In some instances, interest is applied. There is a 10% interest
penalty applied to missed child support payments. There is also a 10% interest
penalty applied to adjudicated arrearage – in other words, past due child
support payments for which there was a court order. There are, however, no
interest payments applied to retroactive child support.
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