Parents can establish child support through the Arkansas Circuit Court or request assistance from the Office of Child Support Enforcement. The process requires completing an Affidavit of Financial Means and providing income documentation such as pay stubs and tax returns. Both the custodial parent and noncustodial parent must disclose their complete financial information for accurate calculation of support obligations.# Arkansas Child Support Basics: A Complete Guide
How Child Support Works in Arkansas
Arkansas child support follows an Income Shares Model based on the combined gross income of both parents. This system, implemented in 2020, replaced the older percentage-based model and assumes children should receive the same proportion of parental income they would have received if the parents lived together. The model recognizes that parents have ongoing financial responsibilities for their children, regardless of custody arrangements. Courts use standardized calculations to ensure consistency and fairness across all child support cases in the state.
Who Pays Child Support
Under Arkansas child support law, both parents are financially responsible for their children, but the actual payment structure depends on custody arrangements and income levels. The parent who pays child support is typically the noncustodial parent in sole custody arrangements or the higher-earning parent in joint custody situations. This ensures that children receive appropriate financial support regardless of the custody arrangement. Even in shared custody situations, one parent usually makes payments to the other to balance the financial responsibilities based on their respective incomes and the time each parent spends with the children.
Calculating Child Support in Arkansas
Arkansas uses an Income Shares Model that considers both parents' gross income to determine the amount of child support. This calculation process involves four key steps to ensure fair distribution of support obligations based on each parent's financial capacity. The system is designed to be transparent and predictable, allowing parents to understand how their support obligations are determined. Courts must follow these standardized calculations unless specific circumstances justify a deviation from the guidelines.
Step 1: Determine Combined Gross Income
The court adds both parents' gross monthly income together to establish the foundation for child support calculations. Arkansas child support law defines gross income broadly to include wages and salary, overtime and commissions, business income, bonuses and tips, investment income, and rental property earnings. Income also includes unemployment benefits, Social Security payments, pension distributions, and any other regular sources of money. The goal is to capture each parent's true earning capacity for supporting their children, ensuring that all available financial resources are considered in the support calculation.
Step 2: Find Basic Support Obligation
Once the combined gross income is established, the court consults the Monthly Family Support Chart to determine the basic support obligation. This chart covers combined incomes up to $30,000 per month and accommodates families with one to six children. For families with higher combined incomes, courts apply statutory percentages to determine appropriate support levels. The amounts represent what both parents together should contribute toward their children's basic needs and child-rearing expenses, including housing, food, clothing, transportation, and other essential living costs.
Step 3: Calculate Each Parent's Share
Arkansas operates on the principle that each parent should contribute based on their proportion of the combined income. The custodial parent is assumed to contribute their share directly through daily care, while the noncustodial parent pays child support to cover their proportional obligation. For example, if the combined monthly income is $5,000 and one parent earns $3,000 (60%) while the other earns $2,000 (40%), the higher-earning parent would be responsible for 60% of the total support obligation. This approach ensures fair distribution of support obligations based on actual earning capacity rather than arbitrary amounts.
Step 4: Determine Final Payment Amount
The final amount of child support is calculated by taking the paying parent's percentage of the basic support obligation and adjusting for additional child-rearing expenses. If the noncustodial parent pays for health insurance or medical expenses directly, their monthly payment is reduced accordingly. Conversely, if the custodial parent pays these expenses, the noncustodial parent's support amount may increase to cover their proportional share. This ensures parents don't pay twice for the same expenses while maintaining equitable cost-sharing for all child-related expenses.
Additional Child Support Expenses
Child support in Arkansas extends beyond the basic monthly payment to include health insurance premiums, medical expenses over $250 annually, work-related childcare costs, and educational expenses. These additional child-rearing expenses are shared proportionally between parents based on their income percentages. Health insurance coverage is particularly important, as courts typically require one parent to maintain coverage and both parents to share premium costs.
Extraordinary medical expenses such as orthodontics, therapy, or specialized treatments not covered by insurance are divided according to each parent's income share. The Office of Child Support Enforcement can help coordinate the collection of these expenses along with basic support payments.
Arkansas Child Support Guidelines
The Monthly Family Support Chart provides presumptive amounts for the calculation of child support based on combined parental income up to $30,000 monthly and the number of children from one to six. The Arkansas child support guidelines establish a minimum support amount of $125 per month for low-income families to ensure all children receive some financial support regardless of parental income levels. Courts must follow these guidelines unless specific circumstances justify deviation from the standard amounts. The guidelines are periodically reviewed and updated to reflect current economic conditions and the actual costs of raising children in Arkansas.
Enforcement by the Office of Child Support Enforcement
When a noncustodial parent fails to pay child support, the Office of Child Support Enforcement has extensive powers to collect overdue payments. This state agency operates as a law enforcement entity with significant legal authority to compel payment from delinquent parents. The agency can garnish wages directly from paychecks, suspend driver's licenses and professional licenses, attach bank accounts and retirement funds, and file liens on real estate and personal property. License suspensions are particularly effective, as they can include driver's licenses, professional licenses, and even recreational licenses like hunting and fishing permits. For severe cases of non-payment, contempt of court proceedings may result in jail time for the delinquent parent, making child support enforcement a serious legal matter.
Special Circumstances
Arkansas child support guidelines account for various special situations that may affect the standard calculation of support obligations. These circumstances can result in adjustments to the basic support amount determined by the Monthly Family Support Chart.
Imputed Income
Courts may assign income to unemployed or underemployed parents who voluntarily reduce their earning capacity.
Shared Custody Adjustments
When children spend significant time (141+ days annually) with the paying parent, support amounts may be adjusted to reflect the additional expenses incurred during extended visitation periods. This recognizes that the noncustodial parent has direct costs for housing, feeding, and caring for the children during their parenting time. The adjustment calculation considers both the extended time spent with the children and any resulting reduction in the custodial parent's expenses.
Retroactive Support
Courts can order retroactive child support for up to three years before filing the petition, ensuring that children receive support for periods when no formal order was in place. If the child is younger than three years old, retroactive support can extend back to the child's birth date. This provision helps recover support that should have been paid during periods when parents were separated but no legal support order existed.
Filing for Child Support
You can file for child support through:
- Arkansas Circuit Court
- Office of Child Support Enforcement (for certain cases)
The process requires completing an Affidavit of Financial Means and providing income documentation such as pay stubs and tax returns. Both the custodial parent and noncustodial parent must disclose their complete financial information for accurate calculation of support obligations.
Required documents typically include:
- Affidavit of Financial Means
- Income documentation (pay stubs, tax returns)
- Existing custody orders
Key Terms
Understanding common terminology helps navigate the child support process more effectively. These terms appear frequently in Arkansas child support law and court documents.
- Custodial Parent: Parent with primary physical custody Noncustodial Parent: Parent without primary physical custody
- Support Obligations: Legal requirements to provide financial support. Child Support Law: Arkansas statutes governing support calculations
- Gross Income: Total income before taxes and deductions
Getting Help
Several resources are available to assist parents with child support matters in Arkansas. Whether you need help establishing support, modifying existing orders, or collecting overdue payments, these resources can provide guidance and assistance.
For assistance with child support matters:
- Contact your local Office of Child Support Enforcement office
- Consult with a family law attorney
- Use the online child support calculator on the Arkansas Judiciary website
Arkansas child support guidelines ensure children receive appropriate financial support from both parents based on their combined ability to provide.