Arkansas child support laws require both parents to support their children financially, whether or not they were ever married, and since October 6, 2022, courts have calculated the amount using an income shares model that draws on both parents’ earnings. Orders generally run until a child turns 18, or 19 if still in high school, and the Arkansas Office of Child Support Enforcement (OCSE) has broad authority to collect when a parent falls behind.
How Arkansas Calculates the Payment
Support amounts come from Administrative Order No. 10, issued by the Arkansas Supreme Court. A 2022 revision replaced the older approach, which looked only at the paying parent’s income, with an income shares calculation.1Justia. In Re Amendments to Administrative Order No. 10 – 2022 The court combines both parents’ gross incomes, reads the total obligation off the Family Support Chart for the number of children involved, and then splits that obligation between the parents in proportion to what each one contributes to the combined income. The parent with less custodial time usually pays the other in cash.
What Counts as Income
The guidelines sweep in wages, salaries, commissions, bonuses, workers’ compensation, disability payments, pension and retirement benefits, and interest. Unemployment compensation and veterans’ disability count too. For military parents, the basic allowance for quarters (BAQ) is added to other income. Supplemental Security Income is the notable exclusion.2Arkansas Supreme Court. Administrative Order Number 10 – Arkansas Child Support Guidelines – Section II
From gross income, a parent may deduct federal and state income taxes, Social Security and Medicare withholding, health insurance premiums paid for the children, and existing court-ordered support for other dependents. Self-employed parents and commissioned earners are evaluated on actual earnings history. A parent who is voluntarily unemployed or underemployed can have income imputed, at minimum wage or higher.
Presumption and Deviation
The chart amount is presumed correct.3Justia. Arkansas Code 9-12-312 – Child Support A judge can order a different figure only by making a specific written finding that the presumed amount would be unjust or inappropriate. Recognized reasons to deviate include the child’s accustomed standard of living, educational expenses, child care costs, special medical needs, a trust set up for the child’s benefit, extended parenting time with the noncustodial parent, and shared or joint custody arrangements.4Arkansas Supreme Court. Administrative Order Number 10 – Arkansas Child Support Guidelines – Section V When a child spends more than 14 consecutive days with the noncustodial parent beyond regular weekend visitation, the court can reduce the obligation for that stretch, weighing the custodial parent’s fixed costs against the noncustodial parent’s added expenses.
Health Insurance and Medical Costs
Every Arkansas support order has to address the child’s medical coverage. The court identifies which parent can provide the most comprehensive health insurance at the most reasonable cost, with reasonable defined as a dependent premium no greater than five percent of that parent’s gross income. If the employer already offers some coverage, only the employee’s out-of-pocket cost counts.5Justia. Arkansas Code – Administrative Order Number 10 Child Support Guidelines – Section IV
Extraordinary uninsured medical costs sit on top of the basic support figure. Orthodontics, physical therapy, chronic conditions, psychiatric treatment, and diagnostic testing for mental health disorders all qualify. Parents typically split these costs in proportion to their incomes.
Paternity Comes First for Unmarried Parents
A court cannot order support for a child born outside marriage until paternity is legally established. The simplest path is a voluntary Acknowledgment of Paternity signed by both parents. Hospitals, birthing centers, and Department of Health offices provide the form at no charge, and once it is filed with the Division of Vital Records it carries the same weight as a court finding.6Justia. Arkansas Code 9-10-120 – Effect of Acknowledgment of Paternity If one parent disputes paternity, either can petition for a judicial determination, which almost always involves genetic testing.
When Child Support Ends
The obligation terminates automatically on any of the following events:7Justia. Arkansas Code 9-14-237 – Expiration of Child Support Obligation
- The child turns 18, unless still enrolled in high school.
- The child completes high school, or the school year ends after the child turns 19, whichever comes first.
- A court declares the child emancipated.
- The child marries.
- The child dies.
- The parents marry each other.
- A final adoption decree ends the paying parent’s parental rights.
In rare cases a court may extend support past these events, for example when a child with a disability cannot become self-supporting.
Within ten days after termination, the paying parent must send written notice to everyone connected to the case: the custodial parent, any separate physical custodian, the court clerk, OCSE if involved, and the paying parent’s employer if wages are being withheld. The notice has to include a copy of the most recent order and identify each child whose obligation ended. Termination of the current obligation does not erase arrears; any past-due balance remains fully enforceable and keeps accruing interest until it is paid.
Changing an Existing Order
To modify an order, a parent must show a material change in circumstances, defined in Arkansas as a change in either parent’s gross income equal to or greater than twenty percent of the current obligation.8Justia. Arkansas Code 9-14-107 – Change in Income Warranting Modification A significant change in a parent’s ability to provide health insurance can also qualify. Even without a material change, either parent can request a review through OCSE at least every three years, and if the current amount differs substantially from what the updated guidelines would produce, the court can adjust.
Federal law bars any state from retroactively reducing or forgiving child support arrears. Every missed payment becomes an enforceable judgment the moment it comes due, carrying full faith and credit in every state. A court can only modify the amount going forward from the date the other parent is served with notice of the modification petition.9Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures Waiting to file after a job loss or disability only lets the original amount pile up as owed.
How Arkansas Enforces Support Orders
OCSE, part of the Department of Finance and Administration, collects on behalf of custodial parents and uses its tools aggressively. The everyday mechanism is income withholding: the employer deducts support from wages, unemployment benefits, or other regular income before it reaches the parent’s account.
When withholding alone will not close the gap, OCSE can:
- Intercept federal and state income tax refunds and lottery winnings.
- Attach liens to real estate, vehicles, and other personal property, blocking sale or transfer.
- Suspend driver’s licenses, professional licenses, and recreational licenses.
- Trigger passport denial, revocation, or restriction once arrears exceed $2,500, as federal law requires.10Office of the Law Revision Counsel. 42 USC 652 – Duties of Secretary
- Ask the court to hold a nonpaying parent in contempt, which can lead to fines and jail time.
An Arkansas order also reaches parents who leave the state. Under the Uniform Interstate Family Support Act, Arkansas courts can exercise jurisdiction over a nonresident parent who is served in the state, appears voluntarily, previously lived with the child in Arkansas, provided prenatal expenses or support while in Arkansas, engaged in sexual intercourse in the state that may have resulted in conception, or whose actions caused the child to live in Arkansas.11Arkansas Department of Finance and Administration. OCSE Policy Manual – Section 2.14 Long-Arm Jurisdiction
Bankruptcy Will Not Wipe It Out
Filing bankruptcy does not eliminate child support. Federal law treats domestic support obligations as first-priority claims and expressly bars discharge in both Chapter 7 and Chapter 13.12Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge The automatic stay that halts other collection does not apply to child support enforcement, and every dollar of current support and arrears remains owed.
Interest on Past-Due Support
Arkansas charges ten percent annual interest on unpaid child support, running from the date each payment was due. Interest accrues automatically unless the parent owed the money, or their attorney, affirmatively requests that it not accrue.13Justia. Arkansas Code 9-14-233 – Interest and Attorneys Fees At that rate a $5,000 arrearage grows by $500 a year before any newly missed payments are added. Paired with the federal rule against retroactive reduction, unpaid Arkansas child support is one of the most punishing debts a person can carry.