Child & Spousal Support Enforcement - It's All We Do!

If We Don't Collect, You Don't Pay!!

Follow Us

Facebook LinkedIn Google +

Arkansas State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
26
2. What is the name of your IV-D agency?
Arkansas Office of Child Support Enforcement
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Arkansas is a judicial state with limited administrative enforcement processes. Establishment and modification are judicial processes. Judicial enforcement remedies include contempt of court, as well as real and personal property liens. Administrative enforcement remedies include license suspension, lien and levy of financial institution accounts, insurance settlements, and lottery winnings.
For Additional Information - No Link Provided
4. Does your state use the following applications: EDE, CSENET, QUICK?
All three.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
The noncustodial parent's obligation automatically terminates by operation of law when the child reaches age 18, unless the child is still attending high school. If the child is 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. Support may be extended by court order.
For Additional Information - exit disclaimer
2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
C). When the child reaches 18 years of age 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. B). When the child is emancipated by a court order, marries, or dies. C). Upon the marriage of the parents of the child to each other. D). Upon the entry of a decree of adoption that is considered final. Ark. Code Ann 9-14-237.
For Additional Information - No Link Provided
3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No.
For Additional Information - No Link Provided
4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes, by specific court order. Ark Code Ann 9-10-109(a)(2) and 9-12-312(a)(6)
For Additional Information - No Link Provided
5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
Early termination of a child support order can occur when the child is emancipated by a court order, marries, or dies; upon the marriage of the parents to each other; or upon the entry of a decree of adoption that has become final and relieves the obligor of all parental rights and responsibilities.
For Additional Information - No Link Provided
6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
Orders entered after April 2020 may be adjusted by operation of law to an amount to be determined by using the most recent version of the family support chart for any remaining children for whom an obligation for child support exists. Arkansas revised its guidelines and adopted an Income Shares Model in April 2020. Orders for support that were entered using earlier guidelines or that deviated from the guidelines regardless of when entered must be modified by court order. Ark. Code Ann. 9-14-237(b).
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
No.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
Past due support reduced to a court judgment (a sum certain/specific dollar amount stated in a court order) are collectible until paid in full. Ark. Code Ann. 9-14-235. An action to collect unadjudicated arrears may be brought until the child for whom support was ordered turns 23 years old. Ark. Code Ann. 9-14-236.
For Additional Information - No Link Provided
2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
There is no statute of limitations for a court to establish paternity.
For Additional Information - No Link Provided
3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
Yes. Judgments are automatically renewed for 10 years every time 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. However, see response to Question 1 above regarding collection of adjudicated arrears.
For Additional Information - No Link Provided

4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Income Shares Model effective April 2020.
For Additional Information - No Link Provided
2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Child support that becomes due and remains unpaid accrues interest at a rate of 10% for each year unless the owner of the judgment or their counsel requests that interest not accrue, and the request and order is entered prior to the accrual of interest. Ark. Code Ann 9-14-233.
For Additional Information - exit disclaimer
3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
No.
For Additional Information - No Link Provided
4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
See responses to Questions 1 and 2 above.
For Additional Information - No Link Provided
5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes. When reduced to judgment and with a periodic payment in an existing order.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
Ark. Code Ann. 9-14-234 provides that support may be redirected in IV-D cases upon written notice to the clerk of the court with proper notification to the parents, guardian, or other caretaker and the Arkansas IV-D agency.
For Additional Information - No Link Provided
6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
No.
For Additional Information - No Link Provided
7. 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. See response to Question 6.
For Additional Information - No Link Provided
8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
Credit is not automatic but may be awarded by court order.
For Additional Information - No Link Provided
9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
No.
For Additional Information - No Link Provided

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No.
For Additional Information - No Link Provided
2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95% Ark. Code Ann. 9-10-108(a)(6)
For Additional Information - No Link Provided
3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
Ark. Code Ann. 9-10-120(b)
For Additional Information - No Link Provided
4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes. Ark. Code Ann. 28-9-209(a)
For Additional Information - No Link Provided
5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
The appearance of the father's name or Social Security number, with his consent, on the birth certificate and other birth records creates a rebuttable presumption of paternity. Ark. Code Ann. 9-14-108(b). However, the execution of an acknowledgment of paternity pursuant to Arkansas law or a similar acknowledgment during a child's minority is a conclusive finding of paternity. Ark. Code Ann. 9-10-120. If an acknowledgment of paternity is executed by the mother and person named to be father, his name may be included on the birth certificate. Ark. Code Ann. 10-18-401(f).
For Additional Information - No Link Provided
6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
The registration of the father, with his consent, with the Putative Father Registry creates a rebuttable presumption of paternity. Ark. Code Ann. 9-10-108(b). See also Ark. Code Ann. 9-10-201 et seq. regarding assisted reproduction.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
Arkansas Department of Health - www.healthy.arkansas.gov. The registry itself is not searchable online, but the FAQs and application may be obtained at Putative Father Registry Arkansas Department of Health.
For Additional Information - No Link Provided
8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
The Arkansas Department of Health (AR DOH), Bureau of Vital Records is the official record keeper of Acknowledgments of Paternity (AOP) or birth certificates. See IRG Contacts for contact information for the Paternity Acknowledgment Copies Contact at the AR DOH. If Arkansas is the responding state in an interstate case and paternity documents are already a part of the existing file, we will provide AOPs and birth certificates.AR DOH charges $12 for a birth certificate and $12 for the AOP.
For Additional Information - exit disclaimer
9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Yes. See www.healthy.arkansas.gov "Order Birth Records." See also the IRG contacts for contact information for the Paternity Acknowledgment Copies Contact at the Arkansas Department of Health.
For Additional Information - exit disclaimer
9.1. Describe any circumstances under which these fees may be waived?
None.
For Additional Information - No Link Provided
10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
No.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
N/A.
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
Send one intergovernmental packet with a separate Declaration in Support of Establishing Parentage for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
N/A
For Additional Information - No Link Provided
1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
All circumstances require a judicial process. Ark. Code Ann. 9-10-102 et seq., 9-12-301 et seq., and 9-14-101 et seq.
For Additional Information - No Link Provided
2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
Both the custodial and noncustodial parents' incomes are considered. Significant income of the child may be a basis for a guideline's deviation.
For Additional Information - No Link Provided
2.1. What documentation is required as proof/evidence of this information?
Parents must complete and submit an Affidavit of Financial Means and provide their last three consecutive paychecks, or their last two federal and state tax returns for a self-employed parent. Other evidence of income may be substituted based on the circumstances of the case.
3. What criteria for rebutting your presumptive guidelines have been established in your state?
In general, the court may consider all relevant factors including the best interests of the children. Examples of relevant factors include payment of extraordinary expenses of the children including medical expenses, significant income of the children, extraordinary time spent iwth the payor parent, and a parent's obligation to other children.
For Additional Information - No Link Provided
4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes, under state law in paternity cases, support may be ordered from the date of birth.
For Additional Information - No Link Provided
4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Statement from the custodial parent regarding periods the noncustodial parent resided with the child or provided support.
For Additional Information - No Link Provided
4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
No.
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
N/A.
For Additional Information - No Link Provided
5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
No.
For Additional Information - No Link Provided
5.1. What about when public assistance is not being expended?
No.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
If the order specifically reserved the issue of support or was silent, the case would be deemed to be an establishment of support. If the order state no child support was ordered or the obligation was zero, the case would be deemed to be modification and require a material change in circumstances.
For Additional Information - No Link Provided
7. 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 custodial parent obtain legal custody before child support is addressed? Please describe.
A change of legal custody may be required in some but not all judicial circuits.
For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?
SSI
For Additional Information - No Link Provided
2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes. Ark. Code Ann. 9-14-227 and 9-14-516.
For Additional Information - No Link Provided
2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
No.
For Additional Information - No Link Provided
2.2. What are the withholding limits for non-employees?
CCPA limits do not apply. However, withholding from lump-sum payments may not exceed 50% of the net lump-sum.
For Additional Information - No Link Provided
3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
$2.50 per pay period. Ark. Code Ann. 9-14-227
For Additional Information - No Link Provided
4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
A noncustodial parent is charged an annual payment processing fee of $36.00 for payments made through the clerk of court or the state disbursement unit. Ark Code Ann. 9-10-109, 9-12-312, and 9-14-804.
For Additional Information - No Link Provided
5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
Withholding must begin no later than the first pay period that occurs 14 days after the date of mailing of the IWO. Ark. Code Ann 9-14-228.
For Additional Information - No Link Provided
5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
See response at Question 5.
For Additional Information - No Link Provided
6. When must an employer remit amounts withheld from an employee's pay?
The same date the employee is paid. Ark. Code Ann 9-14-228.
For Additional Information - No Link Provided
7. What are your state's sanctions for employers for not implementing income withholding?
A payor who has been notified of an order of income withholding is liable for any amount up to the accumulated amount that should have been withheld. Ark. Code Ann. 9-14-225. An employer may be subject to the contempt powers of the court and fined up to $50.00 per day. Ark. Code Ann. 9-14-226(b).
For Additional Information - No Link Provided
7.1. What are the penalties to an employer for failure to remit payments withheld?
See response to Question 7.
For Additional Information - No Link Provided
8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
No.
For Additional Information - No Link Provided
8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
The initiating state can submit a Transmittal #1 to establish an interstate case.
For Additional Information - No Link Provided
9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
Yes. Under Arkansas law, a financial institution may be subject to an IWO. However, other remedies such as garnishment under state law or levy processes are recommended for this asset source.
For Additional Information - No Link Provided
9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
--
10. How does a noncustodial parent contest an income withholding in your state?
In IV-D cases in which Arkansas is providing services, an informal review of the income withholding order may be conducted to confirm the identity of the individual against whom the IWO was issued and that the amount of current and past-due support is correct. In non-IV-D cases or if the informal review does not resolve the dispute, the noncustodial parent may contest the withholding within 10 days of receipt or refusal of the notice and will be afforded an opportunity for court hearing within 30 days of the receipt or refusal of the notice.
For Additional Information - No Link Provided
11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Payments are pro-rated among the cases.
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
Withholdings required by law include taxes for state and federal, Social Security, and Medicare.
For Additional Information - No Link Provided
13. When does your state require the employer to send notice of an employee's termination?
Immediately. Ark. Code Ann. 9-14-224.
For Additional Information - No Link Provided
14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
Current month's support obligation is satisfied in the following order: (1) child support, (2) medical support, (3) spousal support. If all current month obligations are met, the same order of priority is applied to any unadjudicated arrears and then to past due support that has been reduced to judgment.
For Additional Information - No Link Provided

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
No.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
State Arrears first.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
Arkansas OCSE distributes payments among the cases it enforces as required by federal regulations, regardless of the case being enforced for another state.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
Please see the answer above.
For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
Financial institutions and Child Support Lien Network
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
Copy of the court order
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
The amount of child support arrears must exceed $1,000.
For Additional Information - No Link Provided
4. To which credit bureaus does your state report a noncustodial parent's child support information?
Experian, Trans Union, Equifax, and Innovis
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
Once a noncustodial parent has been reported to the credit bureaus, he or she continues to be reported until enforcement services are no longer being provided. Once enforcement services are no longer provided by Arkansas OCSE, the noncustodial parent is automatically removed from credit bureau reporting.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No.
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes. Combined TANF arrears for all cases must be at least $150; combined non-TANF arrears from all cases must be at least $500.
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
No.
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. $500.
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
Yes. $500.
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes. $500.
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
No.
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Administrative.
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
No.
For Additional Information - No Link Provided
16. Is the financial institution attachment process in your state centralized and/or automated?
Centralized and automated.
17. What are the criteria to attach an account in a financial institution in your state?
1) Arrears must be at least $500 or equal to three months' obligation, whichever is greater, 2) No payment received within the last 45 days; 3) The noncustodial parent is not currently a TANF recipient, 4) The noncustodial parent's source of income may not include SSI, and 5) A Family Violence Indicator is not attached to the parties.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
No.
For Additional Information - No Link Provided
19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
Submit a Transmittal #3 and a copy of the court order.
20. Does your state's income withholding definition include amounts in financial institutions?
See response to Question 9 under Income Withholding.
For Additional Information - No Link Provided
21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes. Arkansas OCSE and the financial institution notifies the party after an account is frozen.
For Additional Information - No Link Provided
22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
20 days.
For Additional Information - No Link Provided
23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
Based on agency policy, the financial institution holds the funds during the appeals time frame. If the funds are released before the administrative process is exhausted, the funds are held pending the outcome. If yes, provide the statutory citation and time frames.
For Additional Information - No Link Provided
24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
100%. Yes. Joint accounts are handled on a case by case basis depending on the facts and circumstances of each matter.
For Additional Information - No Link Provided
25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
Mistake of fact. A joint account holder may contest based on their ownership of the funds in the account.
For Additional Information - No Link Provided
26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
Only if the account is subject to the MSFIDM process. If yes, provide the statutory citation and the procedures to follow.
For Additional Information - No Link Provided
27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
Delinquency in an amount equal to at least three months current support obligation or adjudicated arrearage or the noncustodial parent is the subject of an outstanding failure to appear, body attachment, or bench warrant related to a child support proceeding.
For Additional Information - No Link Provided
28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
Payment below three months support obligation, agreement or court order for repayment, or by order of the court.
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
No.
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
See response to Question 27. Arkansas OCSE has agreements with boards that allow for the suspension of more than 50 professional licenses. For questions about a specific license, contact Arkansas OCSE Central Registry.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
See response to Question 28.
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
No.
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
See response to Question 27. Hunting and fishing.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
See response to Question 28.
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No.
For Additional Information - No Link Provided
36. What are the criteria for initiating/filing a lien in your state?
Liens against real property are recorded in the county in which an order for the support was entered and may be recorded in any other county in which the noncustodial parent owns or acquires property. Personal property may be executed upon and seized for sale by the county sheriff. Liens against personal property are seldom used.
For Additional Information - No Link Provided
37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Judicial.
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
No.
For Additional Information - No Link Provided
39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes. Administrative.
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Yes. Lottery winnings.
40.1. If yes, is this enforcement judicial, administrative, or both?
Administrative.
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
None.
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
Traditional authority of the court to compel compliance with its orders and adjudication of arrears.

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
Every three years.
For Additional Information - No Link Provided
2. What is your state's modification procedure? Briefly describe.
In TANF cases, review and adjustment is initiated if the order was entered or modified, or a review occurred three or more years ago. For non-TANF cases, the parties are notified of their right to request review and adjustment three years from the last order or modification and every three years thereafter. Review and adjustment may be requested more frequently if there has been a significant change in circumstances, such as emancipation of a child or change in income of at least 20%, or the availability of health care coverage.
For Additional Information - No Link Provided
3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
There must be a change in either party's gross income of at least 20% per month.
For Additional Information - No Link Provided
4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided
4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
No.
For Additional Information - No Link Provided
4.4. The cost of living has changed.
Yes
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No, unless the earnings of one of the parents has increased or decreased by 20%.
4.6. There has been a substantial change in childcare expenses.
Yes.
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Change in the availability of health care coverage or the emancipation or death of a child.
For Additional Information - No Link Provided
5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No.
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
No.
For Additional Information - No Link Provided

11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
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: performance of a contract, job performance standard or quota, liquidation of paid time off, settlement of a claim, or an award for length of service. The "net lump sum" is the entire lump-sum payment less any amount required by law to be withheld. Ark. Code Ann. 9-14-201
For Additional Information - No Link Provided
2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
Employers must withhold from any lump sum payment the lesser of the full amount of past due support or 50% of the net lump sum payment.
For Additional Information - No Link Provided
3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
The OMB-approved income withholding order is used for employer lump sum payments, such as bonuses. A separate notice process is used for withholding from workers' compensation benefits.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
Yes. Standardized cost on a case-by-case basis. For more information, go to www.childsupport.arkansas.gov > New to OCSE > Costs and Fees.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
Custodial parent. Court costs, attorney fees, and cost of genetic testing may be awarded against the noncustodial parent by court order.
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes. Costs are requested in the court order or listed on Transmittal #1.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
3.1. Is it retained by the state from support collected?
No.
3.2. Is it paid by the individual applying for child support services?
No.
3.3. Is it recovered from the noncustodial parent?
No.
3.4. Is it paid by the state out of its state funds?
Yes.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Yes - Ark. Code Ann. 9-14-208. When there is more than one claim against the noncustodial parent, the payment is pro-rated among the cases.
For Additional Information - No Link Provided
2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
The case must be open for enforcement, arrears must be at least $500, and the noncustodial parent cannot be receiving TANF.
3. What process does your state use to intercept insurance payments?
Administrative.
For Additional Information - No Link Provided
4. How does another state initiate and intercept collections from your states workers compensation agency?
Workers' Compensation Commission will accept a notice to withhold directly from another state agency.
For Additional Information - No Link Provided
5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Yes.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes.
2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes.
3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).)
Yes.
4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).)
Yes.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
A Transmittal #3 should be sent to Arkansas Central Registry. There is no cost for a certified copy of a court order.
For Additional Information - No Link Provided
2. What are the procedures and associated costs for obtaining a certified payment record?
Contact the Arkansas Child Support Clearinghouse (SDU). There is no charge. There is no cost for a certified copy of payment records.
For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
Ark. Code Ann. 9-17-101 et. seq.
For Additional Information - exit disclaimer
2. How does your state define the tribunal (See UIFSA 103)?
A circuit court of the state of Arkansas.
For Additional Information - No Link Provided
3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
Three
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
No.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
None.
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Alternative A - Arkansas accepts applications for services from individuals residing outside the U.S.

19. International Information For Hague Convention Countries

1. 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).)
Yes.
For Additional Information - No Link Provided
2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No.
3. What methods of personal service does your state use?
Generally, service of process may be made by delivery by authorized persons to the individual or a member of the individual's family who is at least 18 years old where the individual resides, or by certified mail, return receipt, restricted delivery to the individual. See Arkansas Civil Procedure Rule 4 (Ark.R.Civ.P 4)
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
There are no specific add-ons pursuant to current guidelines, but the courts could decide to add on.
For Additional Information - No Link Provided
5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
In general, yes; however, the state IV-D agency does not currently use formal process other than routine entry of orders by agreement.
6. What circumstances will cause your state to end child support before the normal duration?
Early termination of a child support order can occur when the child is emancipated by a court order, marries, or dies; upon the marriage of the parents to each other; or upon the entry of a decree of adoption that has become final and relieves the obligor of all parental rights and responsibilities.
For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
For countries with a U.S. bank account, payment is sent electronically in U.S. dollars. Countries that do not have a U.S. bank account will receive paper checks in U.S. dollars.
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
Arkansas will only process electronic payments from a U.S. bank in CCD+ or CTX formats. Countries without a U.S. bank account may send payment by paper checks in the currency of their country.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No.
1.1. If yes, list the tribes and identify services provided, if less than full services.

For Additional Information - No Link Provided
2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
No.