§ 9-12-309 — Maintenance and attorney's fees - Interest

Arkansas § 9-12-309

• Jurisdiction: Arkansas
• Title: 9

Text

(a) (1) During the pendency of an action for divorce, whether absolute or from bed and board, separate maintenance, or alimony, the court may: (A) (i) Allow to the wife or to the husband maintenance; (ii) Allow a reasonable fee for his or her attorneys; and (iii) Allow expert witness fees; and (B) Enforce the payment of the allowance by orders and executions and proceedings as in cases of contempt. (2) In the final decree of an action for absolute divorce, the court may award the wife or husband costs of court, a reasonable attorney's fee, and expert witness fees. (3) The court may immediately reduce the sums so ordered to judgment and allow the party to execute upon the marital property for the payment of the allowance, except that the homestead shall not be executed upon for the payment of the sums so ordered. (b) The court may allow either party additional attorney's fees for the enforcement of alimony, maintenance, and support provided for in the decree. (c) All child support that becomes due and remains unpaid shall accrue interest at the rate of ten percent (10%) per annum. (d) The court shall award a minimum of ten percent (10%) of the support amount due as attorney's fees in actions for the enforcement of payment of alimony, maintenance, and support provided for in the decree, judgment, or order. (e) Collection of interest and attorney's fees may be by executions, proceedings of contempt, or other remedies as may be available to collect the original support award.

Legislative History

Civil Code, § 460; C. & M. Dig., § 3506; Pope's Dig., § 4388; Acts 1941, No. 25, § 1; 1945, No. 274, § 1; 1979, No. 705, § 2; 1983, No. 161, § 1; A.S.A. 1947, § 34-1210; Acts 1987, No. 813, § 1; 2001, No. 207, § 1