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Arkansas State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
26
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Ark. Code Ann. 9-14-210 (e)(2)
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Ark. Code Ann. 9-17-101 et. seq.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Three

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Arkansas does not have an agreement with any country other than those listed as federal reciprocating countries.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
Not applicable
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
No
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
18 unless the child is still attending high school. If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches 19 years of age, whichever is earlier.
D2. What is the statutory citation for the age of majority?
Ark. Code Anno. 9-14-237
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 unless the child is still attending high school. If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches 19 years of age, whichever is earlier.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
If the court order specifically extends the support for a child beyond age 18.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
Yes
D7.1. If yes, please describe the procedure.
The child support amount shall be automatically reduced for the remaining children in a support order when the support amount for one child ends. The support amount must be recalculated based on the most recent version of the Family Support Chart. Administrative Rule 10 requires that net income be applied to the chart when determining the amount. If the NCP's income amount is not listed in the current support order or cannot be determined based on a review of the order, the new support amount must be determined by the court. If the most recent order was entered prior to the adoption of the chart or if the court deviated from the chart when setting the amount of support, the new support amount will be decided by a court. (Ark. Code Ann. 9-14-237)
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes, if there is unpaid support owed to the custodial party and the amount to be recovered is based on a court order.
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
Arrears reduced to a court judgment are always collectible. Arrears that are a judgment by operation of law are only collectible until the child turns 23. Ark. Code Ann. 9-14-105(e)and 9-14-236.
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E2. What is your State's statute of limitations for paternity establishment?
None
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E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Judgments are automatically renewed for 10 years everytime there is a payment. If there is no collection made in 10 years, renewal is accomplished by Judicial process. Ark. Code Ann. 16-65-501.
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Percentage of Income Model.
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
State law provides for 10% per annum. Interest should be reduced to a judgment by a court or a sum certain indicated by the other state.
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
10%
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No
F5.1. If yes, under what circumstances?
N/A
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
APPLICATION FEE PER NCP -$25.00. The application fee shall be a flat fee that will be paid by the applicant at the time the application of assistance is submitted. The application fee is nonrefundable. The following fees are charged to a recipient of child support services in all nonpublic assistance cases. The current rate of deduction is the lesser of the actual costs assessed or 13% of the amount collected each month. MONTHLY BASE COST - 13% of a total month's collection not to exceed $18; includes overhead costs and activities other than legal services. The cost is only assessed if there was a payment received in the previous month. In addition to the monthly Base Cost, other costs that may be incurred: INITIATION OF COURT ACTION - $80.00. Assessed when a complaint, motion or petition with summons, order and citation, affidavit and arrest warrant or notice/order of hearing is prepared and forwarded to the clerk for processing in all cases (child support, paternity, interstate, criminal nonsupport, and contempt). OUT-OF COURT SETTLEMENT - $100.00. Assessed when the initiated court action is resolved prior to court appearance in all cases. IN-COURT SETTLEMENT - $150.00. Assessed when the initiated court action is resolved at the court appearance without trial. TRIAL - $250.00. Assessed when the initiated court action is resolved by the court after hearing is held. ACTUAL COSTS will be assessed based on actual costs incurred by the agency for transcripts of trials or depositions, service of process fees, the cost of any paternity test, filing fees, all other court costs, and the federal offset program fees. FINANCIAL INSTITUTION LEVY FEE - $35. This fee will be charged for each levy which results in a monetary recovery from a participating financial institution or a levy against an insurance claim. INSURANCE CLAIM LEVY FEE - $35. This fee will be charged for each levy that results in a monetary recovery from an insurance claim.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
The Obligor is charged an administrative fee of $36 per year on the anniversary of the entry of the court order. Any fee or cost for services generated because of either a breach by the noncustodial parent of an agreement or of an order of the court shall be incorporated into the request for relief and reduced to a judgment in favor of and payable to the Office of Child Support Enforcement. (A.C.A 9-14-212)
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
N/A
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Ark. Code Ann. 9-17-201
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Spousal support orders are enforced if it is part of a child support order.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The fee is paid from base cost fees already charged to the custodial parent or paid from state funds.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No.
F11.2 Does your state collect the fee from the person applying for IV-D services?
The fee is paid from base cost fees already charged to the custodial parent or paid from state funds.
F11.3. Does your state collect the fee from the absent parent?
No.
F11.4. Does your state pay the fee out of its own funds?
Yes, for Medicaid cases ONLY.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
Pre-Assistance
F15.2. When will your state discontinue each type of assignment?
The assignment of pre-assistance arrearages in new assistance caases is eleminated as of 10/01/2009. Assignments executed on or after this date will be limited to the amount of support that accrued during the assistance period not to exceed the current amount of unreimbursed assistance.
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA Distribution rules will be followed.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Under Arkansas law, ACA 9-14-234, the physical custodian is responsible for giving notice tothe clerk of the court that child support payments should be redirected. AR OCSE cannot provide assistance to the physical custodian in this matter.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Under Arkansas law, ACA 9-14-234, the physical custodian is responsible for giving notice to the clerk of the court that child support payments should be redirected. AR OCSE cannot provide assistance to the physical custodian in this matter.
For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Under Arkansas law, ACA 9-14-234, the physical custodian is responsible for giving notice to the clerk of the court that child support payments should be redirected. Arkansas OCSE cannot provide assistance to the physical custodian in this matter.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
From fees already collected from the custodial parent. If fees have not been collected from the custodial parent, the state pays the $25 annual fee.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
If the court orders the noncustodial parent to pay court costs and attorney fees, or for the cost of paternity testing, AR OCSE will take action to collect those costs and fees: INITIATION OF COURT ACTION - $80.00. Assessed when a complaint, motion or petition with summons, order and citation, affidavit and arrest warrant or notice/order of hearing is prepared and forwarded to the clerk for processing in all cases (child support, paternity, interstate, criminal nonsupport, and contempt). OUT-OF COURT SETTLEMENT - $100.00. Assessed when the initiated court action is resolved prior to court appearance in all cases. IN-COURT SETTLEMENT - $150.00. Assessed when the initiated court action is resolved at the court appearance without trial. TRIAL - $250.00. Assessed when the initiated court action is resolved by the court after hearing is held. ACTUAL COSTS will be assessed based on actual costs incurred by the agency for transcripts of trials or depositions, service of process fees, the cost of any paternity test, filing fees, all other court costs, and the federal offset program fees.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

G. Income Withholding

G1. What specific source of income is not subject to withholding?
SSI
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$2.50 per withholding Ark. Code Ann. 9-14-227(a)
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
14 days after the date the notice was mailed.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Payments are to be made at same time the noncustodial parent is paid.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Employers who refuse to withhold and transmit payments can be held liable by the court for the amount that should have been withheld.
G7. What is the penalty to an employer for failure to remit payments withheld?
None
For Additional Information - No Link Provided
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
Direct income withholding from UIB is not allowed under Arkansas law. States must submit an UIFSA packet and request income withholding from UIB.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
The NCP's only grounds to contest the withholding is that the person who received the notice was not the person obligated to pay support, the arrears are incorrect, or the current support amount is incorrect. The NCP receives an Income Withholding Claim Form to complete and return within 10 days if he or she wants to contest withholding. The NCP must prove that the arrears are less than an amount equal to 30 days of support.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
A withholding order for child support issued in Arkansas has priority over all other withholding orders.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Ark. Code Ann. 9-14-228
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Federal and state income taxes, withholding for FICA, Rail Road Retirement, Medicare, medical insurance paid for dependent children, and presently-paid support for other dependents by court order may be deducted to arrive at net pay amount.
G13. When does your state require the employer to send notice of an employee's termination?
Immediately Ark. Code Ann. 9-14-224(c)
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
At the employer's discretion.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes. OCSE Web Pay was created as a virtual gateway to the AR OCSE. This system helps both parents and employers by providing instant access to child support records. OCSE Web Pay also offers a secure method to submit support payments using a credit card or electronic check. Go to www.childsupport.arkansas.gov.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer
For Additional Information - No Link Provided
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Child support is to be paid first.
For Additional Information - No Link Provided
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
1. Family 2. Arrears owed to Arkansas 3. Arrears owed to other states
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
N/A
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
Generally no. The court may address those if properly presented by the custodial parent or the noncustodial parent.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
N/A
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
04/10/1995
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
When parties to a marriage are competent to give testimony concerning the paternity of a child born of marriage.
For Additional Information - No Link Provided
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
A paternity acknowledgment which results in a putative father's name being placed on the birth certificate is a legal establishment of paternity. However, upon a showing of fraud, duress, or material mistake of fact, the father may obtain a court order for genetic testing at any time during the period he is required to pay child support. If the genetic testing excludes paternity, the finding of paternity and any child support arrearage are vacated.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
Arkansas Department of Health
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Arkansas Department of Health
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
N/A
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
When someone resides outside the state, acceptable methods of testimony are telephone, audiovisual means, or any other electronic means available.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
A state must request reimbursement on Transmittal #1.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
A state must request rembursement on Transmittal #1
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Acknowledgment of Paternity
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One packet/Separate paternity affidavits

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Arkansas is strictly a Judicial State.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A
I1.2. Under what circumstances would a judicial process would be used?
N/A
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Only NCP's income is considered.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Judges have discretion to deviate from the chart, but must list their reasons on the record or in the order.
For Additional Information - No Link Provided
I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Only at the time paternity is established. The guidelines are used to determine the amount of support, back to birth of child or a period within the court's discretion.
I4.2. What information or documentation does your State require to proceed?
Need proof of income for the period in question.
For Additional Information - No Link Provided
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Establishment of child support for a prior period is within the sole discretion of the court.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Acknowledgment of paternity, license suspension, federal and state tax offset, liens on assets in financial institutions, liens on insurance claims.
For Additional Information - No Link Provided
I6. What is your state's statutory authority for the administrative process?
Ark. Code Ann. 9-10-120
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I7. Is there a local state law that allows an interstate administrative subpoena?
No
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No. If a court order exists, payments must be re-directed to the physical custodian. AR OCSE does not take this action on behalf of the parties.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
If the order is silent, an establishment; if the order states that child support is $0, a modification.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
Yes
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
Yes
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official. Forward documents needing to be served to a private contractor. By mail addressed to the person to be served with return receipt required and delivery restricted to the addressee or the agent of the addressee.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
n/a
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
No specific add-ons pursuant to current guidelines, but the courts could decide to add on.
I17. Please provide the relevant statutory or case law citation. **
Arkansas Administrative Order of Supreme Court Order No. 10 - Arkansas Child Support Guidelines
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative
J2. Is the lien process in your state judicial, administrative, or both?
Judicial
J2.1. What are the trigger criteria for filing a lien?
Any arrearage balance by operation of law. For more information: Arkansas Code Annotated 9-14-231
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J2.2. Where are your state liens filed?
County
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
$35 filing fee
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Both
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When case becomes delinquent
J4.2. Does your state's income withholding definition include amounts in financial institutions?

For Additional Information - No Link Provided
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
N/A
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
N/A
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Three months and/or $500 delinquent, no payments in last 60 days.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
Under AR Policy, the following criteria must be met for AR to seize assets: * The case must be an open full service case. * Arrears must be at least $500 or three months' obligation, whichever is greater. * No payment made within the last 45 days. *The noncustodial parent is not currently a TEA recipient. *The noncustodial parent is not in bankruptcy. * A Family Violence Indicator is not attached to the noncustodial parent.
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes
J5.3.1. If yes, please provide the time frame.
21 days
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
N/A
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
10 days from the date of the notice for financial institution liens; 15 days for liens against insurance company assets.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
If the NCP disagrees with administrative hearing results, he/she has 30 days to file a petition in Chancery Court.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Mistake of fact.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative
J5.11. What are your state's penalties for incorrect seizures?
None
J5.12. Is the second challenge administrative, judicial, or both?
Judicial
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Ten business days from date of notice. Request must be in writing based on mistake of fact. Non debtor has same appeal rights as obligor.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized. Not automated
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
Judicial process; foreclosure.
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
20 days
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Worker's Compensation - Administrative
J7. Describe any other administrative enforcement procedures your state may have.
None
J8. Describe any other judicial enforcement procedures your state may have.
None
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
No specific procedures established. Generally, must comply with Article 4 UCC.
For Additional Information - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
Direct income withholding.
J11. Describe your state's procedures for registering and enforcing another state's order.
Foreign orders are registered pursuant to UIFSA.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
After registration, all available remedies are used to enforce a foreign support order.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
Ark. Code Ann. 16-66-601 et.seq.
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Arrears equal to $1000.
J15. To which credit bureaus does your state report an obligor's child support information?
TRW, Experian, TransUnion
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
MSFIDM
J19. What documentation does your state require to proceed with an AEI request?
Transmittal #1, copy of the order, copy of the pay records.
J20. What mandatory data elements does your state need to process AEI requests?
Transmittal #1, copy of the order, copy of the pay records. N/A
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
N/A
J22. How many copies/sets of documents does your state require with an AEI request?
One
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
N/A
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
UIFSA packet required
J25. What is the procedure for obtaining a certified copy of a court order?
Contact the office that serves the county where the order is filed.
J26. What is the procedure for obtaining a certified payment record?
Contact the OCSE Clearinghouse.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
The noncustodial parent is delinquent on a court-ordered child support payment in an amount equal to three months' obligation or more, or the noncustodial parent is delinquent on payments toward an adjudicated arrearage in an amount equal to three months' obligation or more The noncustodial parent is the subject of an outstanding failure to appear, body attachment, or bench warrant related to a child support proceeding.
J29. What triggers a driver's license revocation?
Non-payment of a support obligation resulting in arrears equal to three months' obligation
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes.
J29.2 If yes, what is the amount?
Arrears must be equal to three month's obligation or more
J30. Under what conditions may a noncustodial party restore the driver's license?
Payment of arrears or an installment agreement to pay arrears, all warrants have been dismissed
J30.1 What is the process for restoring a driver's license?
The process is worker initiated within the automated system. Alerts are sent to Program Support and are keyed to Driver Services within the same business day.
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
Not applicable
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes
J33.2 What is the dollar amount?
$150 for TANF cases $500 for non-TANF cases
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
N/A
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J38.2 What is the dollar amount?
$500
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three years.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Once every three years - upon request of one of the parties in non-TANF cases; automatically in TANF cases.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
State law for modification of child support orders is followed. Must show a substantial change of circumstances to warrant modification.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
No
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Change in gross income of 20% or $100 per month.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
N/A
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
K7.1. If yes, explain the circumstances?
NCP is responsible for notifying the clerk of court, the employer, and OCSE when abatement or reduction in support should occur and when full obligation should resume.
K7.2. What is the statutory citation for your abatement law?
ACA 9-14-106
For Additional Information - exit disclaimer
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Certified copies of court orders, pay records. Acknowledgement of paternity if applicable.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Mail a request with a release from one of the parents or a court order to Vital Records H44, P.O. Box 8184, Little Rock, AR 72203-8184. Payment of $12 per acknowledgement, affidavit, or birth record must be included. The following information must be provided: Child's full name; DOB; place of birth; mother's full name, including maiden name.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes. See ACA 9-14-235
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Same amount as current support plus the amount to be paid on arrears.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration. The child marries. The child is adopted by someone other than the noncustodial parent. The child support order states that child support ceases prior to the normal duration.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
Lump-sum payment means any form of income paid to an individual at other than regular or periodic intervals; or, payment regardless of frequency that is dependent upon meeting a condition precedent, including without limitation, the performance of a contract, a job performance standard or quota, the liquidation of unused sick or vacation pay or leave, the settlement of a claim, or an award for length of service. Net lump-sum payment means the entire lump-sum payment less any amount required by law to be withheld.
L1.2 Provide the statutory citation.
ACA 9-14-210.
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
N/A
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
No
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
N/A
L8. What other documents does your state use to attach lump sum payments?
N/A
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
N/A
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
The employer is to withhold 50% of the net lump-sum payment up to the amount of the arrears. The employer should contact OCSE to verify the amount of arrears at the time the lump-sum is to be paid.
L9.4. If no, what percentage is the employer required to withhold?
N/A
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
No vendor.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
No vendor. Debit card program is an in-house program through Bank of America.
L12. Does your state have a debit card program?
No
L12.1 If so, specify the vendor.
Not applicable
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Not applicable
L13.1 If so, are there fees involved?
L14. What are the fees associated with using the card?
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payments may be made by income withholding. Payments may be made by check. Payments may be made by credit card. Payments may be made by electronic funds transfer.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed upon receipt.
L18. Does your state process electronic payments in international cases? **
Yes
L18.1 If so, describe the process. **
Outgoing, we send disbursements to accounts with a U.S. bank.
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation

For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?

For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
Yes.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
No.
M3.1. Provide the statutory citation.
N/A
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
ACA 9-14-208
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
We allow 15 days for the NCP to request an administrative hearing. If no hearing is requested we will notify the insurance company to send the amount of the arrears or the amount of the NCPs share of the claim, whichever is less.
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Send a lien, Notice to Withhold, court order or divorce decree to Worker's Comp Commission P. O. Box 950; 324 Spring St. Little Rock, AR 72203-0950 The commission will accept these documents directly from a state child support agency or from the custodial parent or his/her attorney.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
Yes