Arkansas child support laws require both parents to support their children financially whether or not they were ever married, set the payment amount using an income shares formula that looks at what both parents earn, and give the state broad authority to collect when a parent falls behind. Orders generally run until the child turns 18, or 19 if the child is still in high school. The current rules took effect for orders entered after October 6, 2022, when the Arkansas Supreme Court revised Administrative Order No. 10.1Justia. In Re Amendments to Administrative Order No. 10 – 2022
How Arkansas Calculates the Payment
Under the income shares model, the court adds both parents’ gross incomes together, looks up the combined support obligation on the Family Support Chart for the number of children involved, and then divides that obligation between the parents in proportion to each one’s share of the combined income. The parent with less custodial time typically writes the check to the other. The older method, which looked only at the paying parent’s income, no longer applies to new orders.
What Counts as Income
The guidelines define income broadly. Wages, salaries, commissions, bonuses, workers’ compensation, disability payments, pension and retirement benefits, and interest all count. So do unemployment compensation and veterans’ disability benefits. For military personnel, the housing allowance is added to other income. Supplemental Security Income is excluded.
Allowable deductions include federal and state income tax, Social Security and Medicare withholding, health insurance premiums paid for the children, and existing court-ordered support for other dependents.2Arkansas Supreme Court. Administrative Order Number 10 – Arkansas Child Support Guidelines – Section II If a parent is self-employed or earns on commission, the court works from actual earnings history. A parent who is voluntarily unemployed or underemployed can have income imputed at least at the minimum wage.
When a Judge Can Depart From the Chart
The chart figure is presumed correct.3Justia. Arkansas Code 9-12-312 – Child Support A judge can order a different amount only after making a specific written finding that the chart figure would be unjust or inappropriate. Recognized grounds for deviation include the child’s accustomed standard of living, educational expenses, child care, special medical needs, a trust fund for the child’s benefit, extended parenting time with the noncustodial parent, and shared or joint custody arrangements.4Arkansas Supreme Court. Administrative Order Number 10 – Arkansas Child Support Guidelines – Section V
Health Insurance and Medical Costs
Every Arkansas support order has to address the child’s medical coverage. The court looks at which parent can provide the most comprehensive health insurance at the most reasonable cost. Coverage counts as reasonable as long as the dependent-coverage premium does not exceed five percent of the providing parent’s gross income, and only the employee’s out-of-pocket cost (not the full premium) is used in the calculation.5Justia. Arkansas Code – Administrative Order Number 10 Child Support Guidelines – Section IV
Extraordinary medical costs, such as orthodontics, physical therapy, treatment for chronic conditions, psychiatric care, and diagnostic testing for mental health disorders, can be added on top of the basic obligation. The court usually splits those costs between the parents in proportion to their incomes.
When Child Support Ends
An Arkansas support obligation terminates automatically when any of the following happens:6Justia. Arkansas Code 9-14-237 – Expiration of Child Support Obligation
- The child turns 18, unless still attending high school.
- The child is still in high school at 18, in which case support continues until graduation or the end of the school year after the child turns 19, whichever comes first.
- A court declares the child emancipated.
- The child marries.
- The child dies.
- The parents marry each other.
- A final adoption decree terminates the paying parent’s parental rights.
A court may extend support past these events in limited cases, such as a child with a disability who cannot become self-supporting.
Within ten days of a terminating event, the paying parent must send written notice to the custodial parent, the physical custodian if different, the court clerk, OCSE if involved, and the paying parent’s employer if wages are being withheld. The notice must include a copy of the most recent order and identify each child whose obligation has ended. Termination of the current obligation does not erase any past-due balance; arrears remain enforceable and continue to accrue interest.
Changing an Existing Order
To modify an order, a parent must show a material change in circumstances. Arkansas defines that as a change in either parent’s gross income equal to or greater than twenty percent of the current obligation.7Justia. Arkansas Code 9-14-107 – Change in Income Warranting Modification A significant change in the ability to provide health insurance can also qualify. Even without a material change, either parent can ask OCSE to review the order at least once every three years, and the court can adjust it if the current amount is substantially out of line with what the updated guidelines would produce.
File quickly if circumstances change. Federal law bars any state from retroactively reducing or forgiving child support arrears; a court can only modify going forward from the date notice of the modification petition is served on the other parent.8Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures A parent who loses a job or becomes disabled but waits to file keeps accruing the full original amount in the meantime.
What Happens When a Parent Doesn’t Pay
The Arkansas Office of Child Support Enforcement has aggressive collection tools, and it uses them. The most common is income withholding: the employer deducts support straight from wages, unemployment benefits, or other regular income before the money reaches the parent’s bank account. When that is not enough, OCSE can:
- Intercept federal and state tax refunds and lottery winnings and apply them to arrears.
- Place liens on real estate, vehicles, and other personal property, blocking any sale or transfer until the debt is addressed.
- Suspend driver’s, professional, and recreational licenses.
- Trigger passport denial or revocation. Federal law requires the State Department to deny, revoke, or restrict a passport when arrears exceed $2,500.9Office of the Law Revision Counsel. 42 USC 652 – Duties of Secretary
- Ask the court to hold the parent in contempt, with possible fines and jail time.
Interest at Ten Percent
Arkansas charges ten percent annual interest on unpaid child support from the date each payment comes due. The interest accrues automatically unless the parent owed the money (or their attorney) affirmatively requests that it not accrue.10Justia. Arkansas Code 9-14-233 – Interest and Attorneys Fees A $5,000 arrearage grows by $500 a year before any additional missed payments pile on.
Bankruptcy Will Not Help
Filing bankruptcy does not eliminate a child support debt. Federal law classifies domestic support obligations as first-priority claims and bars their discharge in both Chapter 7 and Chapter 13.11Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge The automatic stay that normally halts collection does not stop child support enforcement.
Getting a Support Order in Place
For a child born to married parents, support can be ordered in a divorce or separate maintenance case. For a child born to unmarried parents, legal paternity has to be established first. The simplest route is a voluntary Acknowledgment of Paternity signed by both parents. Hospitals, birthing centers, and Department of Health offices around the state offer the form at no cost. Once filed with the Division of Vital Records, the acknowledgment carries the same legal weight as a court finding of paternity and can support an order without a separate paternity suit.12Justia. Arkansas Code 9-10-120 – Effect of Acknowledgment of Paternity If paternity is disputed, either parent can petition the court, which will order genetic testing.
Arkansas can also reach parents who have moved away. Under the state’s long-arm provisions, which follow the Uniform Interstate Family Support Act, a court can take jurisdiction over a nonresident parent who was personally served in Arkansas, who previously lived with the child in the state, who paid prenatal expenses or support while living there, or whose actions caused the child to live in Arkansas, among other grounds.13Arkansas Department of Finance and Administration. OCSE Policy Manual – Section 2.14 Long-Arm Jurisdiction
To open a case with OCSE, you can apply online, mail a printed application, visit a local office, or call 501-371-5349. The application fee is $25.14Arkansas Department of Finance and Administration. Apply for Support Full-service cases cover locating the other parent, establishing paternity, obtaining an order, and collecting; a payment-processing-only case simply routes payments through the Arkansas Child Support Clearinghouse when you already have a private order and just need a reliable channel.