Best Child Support Lawyers in Arkansas

About Child Support Law in Arkansas, United States

Child support law in Arkansas exists to ensure that children of separated, divorced, or unmarried parents are financially supported by both parents, regardless of their living arrangements. When parents live apart, one parent is typically ordered to pay child support to the other to help cover essential needs such as food, housing, education, clothing, medical care, and other necessary expenses. The law aims to promote the best interests of the child and maintain their quality of life as much as possible, mirroring what they would have received if their parents lived together. Arkansas follows state guidelines to determine the amount and duration of child support, but courts may make modifications based on specific circumstances.

Why You May Need a Lawyer

While many families can work together to agree on child support terms, legal situations often arise where professional guidance is essential. Here are common reasons you may need a lawyer for child support issues in Arkansas:

• Complex calculations of income or resources
• Disputes over paternity or parental rights
• Contested modifications to existing support orders
• Lack of payment or enforcement problems
• Parents with substantial or hidden assets
• Interstate child support issues involving parents living in different states
• Concerns about fairness or accuracy of support computations
• Allegations of neglect, abuse, or unfit parenting

In any situation where you are unsure of your rights or obligations, or if you feel your child’s welfare is at risk, consulting with a knowledgeable family law attorney is highly recommended.

Local Laws Overview

Arkansas child support laws are largely governed by the Arkansas Family Code and court rules. The state uses the "income shares model" to calculate support, which factors in both parents' monthly incomes, the number of children supported, and additional expenses such as health insurance or daycare. Key points include:

• Establishing child support: Support is typically established in divorce, legal separation, or paternity proceedings. Either parent can initiate a support case.
• Support guidelines: Arkansas has a state-mandated chart that estimates child support obligations based on combined parental income and number of children.
• Modifying support: Court orders can be modified if there is a significant change in circumstances, like job loss, increase in income, or changes in custody.
• Enforcement: The Arkansas Office of Child Support Enforcement (OCSE) can help collect overdue payments through wage garnishments, intercepting tax returns, suspending licenses, or other means.
• Termination: Support generally ends when a child turns 18 or graduates high school, but may continue for disabled children.
• Paternity: Legal paternity must be established for fathers to be assigned support responsibilities or to claim custody/visitation rights.

Frequently Asked Questions

How is child support calculated in Arkansas?

Arkansas uses an income shares model, taking both parents' gross incomes and applying the state child support chart to determine the monthly payment. Adjustments can be made for health insurance, daycare, and other expenses.

Do I need to go to court to get child support?

Not always. Parents can agree to child support terms and have the agreement approved by a judge, or the Office of Child Support Enforcement can assist with administrative orders. However, court involvement is often required for disputed or complex cases.

Can child support be changed after it is set?

Yes. Either parent can request a modification if there is a significant change in circumstances, such as changes in income, employment, or child custody arrangements.

What happens if the other parent does not pay child support?

The OCSE can use enforcement methods like wage withholding, intercepting tax refunds, suspending licenses, and even pursuing legal action to collect overdue support.

Can child support include health insurance and daycare?

Yes. Courts may order either parent to provide health insurance and may include daycare or extraordinary medical expenses in the support calculation.

Does child support automatically end when my child turns 18?

Support generally ends at 18 but may continue if the child is still in high school (up to age 19) or if the child has a disability requiring ongoing support.

What if the parent paying support lives in another state?

Arkansas participates in laws that allow child support to be enforced across state lines. The OCSE can assist in securing payments from parents who live elsewhere in the United States.

Can I get child support if I was never married to the other parent?

Yes. Unmarried parents can establish paternity and request child support through the courts or with the help of the OCSE.

Is overtime pay or bonuses included in the income calculation?

Generally, all sources of income, including bonuses, commissions, and overtime, are considered when calculating child support, unless the court determines otherwise based on the facts of the case.

Do I need an attorney to get or pay child support?

While you are not required to have an attorney, legal representation is valuable if your case involves disputes, complex income issues, or interstate enforcement. The OCSE can assist with straightforward cases.

Additional Resources

If you need more information or assistance, the following resources can help:

• Arkansas Office of Child Support Enforcement (OCSE): Provides child support services, including locating parents, establishing paternity, setting support orders, and enforcement.
• Arkansas Judiciary Website: Offers access to court forms, rules, and information about family law cases.
• Arkansas Legal Aid: Offers free or low-cost legal assistance for qualified residents facing child support and family law issues.
• Local County Courts: Family court clerks can assist with case filings, forms, and scheduling hearings.

Next Steps

If you need legal assistance regarding child support in Arkansas, consider the following steps:

1. Gather all relevant documents, including income records, prior court orders, and correspondence with the other parent.
2. Contact the Arkansas Office of Child Support Enforcement if you need help establishing, modifying, or enforcing a support order.
3. If your situation is complex or contested, consult with a qualified family law attorney who can explain your rights, represent you in negotiations or court, and help ensure the best outcome for your child.
4. Prepare a list of questions and concerns to discuss during your consultation.
5. Take timely action, as delays can affect your rights, obligations, and the wellbeing of your child.

Remember, addressing child support issues promptly and properly benefits both you and your children. Professional help is available for every step of the process.