§ 9-14-106 — Parents - Amount of support - Definition - Retroactivity of initial order

Arkansas § 9-14-106

• Jurisdiction: Arkansas
• Title: 9

Text

(a) (1) (A) In determining a reasonable amount of support initially or upon review to be paid by a parent, the court shall refer to the most recent revision of the family support chart. (B) It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded. (C) Only upon a written finding that the application of the family support chart would be unjust or inappropriate as determined under established criteria set forth in the family support chart shall the presumption be rebutted. (D) (i) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review. (ii) As used in subdivision (a)(1)(D)(i) of this section, "incarceration" means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing. (2) (A) The court may provide for a partial abatement or reduction of the stated child support amount for any period of extended visitation with the payor parent. (B) The court shall consider whether an adjustment in child support is appropriate, giving consideration to the fixed obligations of the physical custodian or payee parent that are attributable to the minor child, to the increased costs of the payor parent associated with the minor child's visit, and to the relative incomes of both parents. (C) Abatement or reduction of the family support chart amount and justification of the abatement or reduction shall be clearly set forth in the written findings of the court. (D) (i) The payor parent shall provide written notification within ten (10) days, when abatement or reduction of child support should occur due to extended visitation, to the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when applicable. (ii) It is the responsibility of the payor parent to notify the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the office, when applicable, when abatement or reduction should stop and payment of child support should resume. (E) If the payor parent fails to exercise extended visitation periods, the child support shall not be abated or reduced. (b) Subsequent to the finding by the court that the payor parent should be ordered to pay support for the minor child, the court shall follow the same procedure and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit courts in cases involving separation or divorce of the parents of the minor child. (c) (1) An initial support order for child support may be made retroactive for a period no earlier than three (3) years before the date that the petition, complaint, or other initial pleading was filed or from the birth of the child, if the child is less than three (3) years of age, except as otherwise provided under § 9-14-105 and as provided in subdivision (c)(2) of this section. (2) If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading under Rule 4 of the Arkansas Rules of Civil Procedure and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than three (3) years before the date of service or from the birth of the child, if the child is less than three (3) years of age. (3) As used in this section: (A) "Initial support order" means the same as defined in § 9-14-236 ; and (B) "Payor parent" means the same as defined in § 9-14-201 .

Legislative History

Amended by Act 2023, No. 623,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 927,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 904,§ 3, eff. 1/1/2020. Acts 1989, No. 383, § 1; 1993, No. 607, § 1; 1995, No. 1184, § 7; 1997, No. 1296, § 12