§ 9-12-314 — Modification of allowance for alimony and maintenance - Child support

Arkansas § 9-12-314

• Jurisdiction: Arkansas
• Title: 9

Text

(a) The court, upon application of either party, may make such alterations from time to time, as to the allowance of alimony and maintenance as may be proper and may order any reasonable sum to be paid for the support of the wife or the husband during the pending of a complaint for a divorce. (b) Any decree, judgment, or order that contains a provision for the payment of money for the support and care of any child or children through the registry of the court or through the Arkansas Child Support Clearinghouse shall be final judgment as to any installment or payment of money that has accrued until the time either party moves through proper motion filed with the court and served on the other party to set aside, alter, or modify the decree, judgment, or order. (c) The court may not set aside, alter, or modify any decree, judgment, or order that has accrued unpaid support prior to the filing of the motion. However, the court may offset against future support to be paid those amounts accruing during time periods other than reasonable visitation in which the noncustodial parent had physical custody of the child with the knowledge and consent of the custodial parent. (d) Nothing in this section shall be construed to limit the jurisdiction of the court to proceed to enforce a decree, judgment, or order for the support of a minor child or children through contempt proceedings when the arrearage is reduced to judgment under subsection (b) of this section.

Legislative History

Rev. Stat., ch. 51, § 12; C. & M. Dig., § 3510; Pope's Dig., § 4392; Acts 1979, No. 705, § 5; A.S.A. 1947, § 34-1213; Acts 1987, No. 1057, § 1; 1997, No. 1296, § 11