§ 9-14-107 — Change in income warranting modification - Definition

Arkansas § 9-14-107

• Jurisdiction: Arkansas
• Title: 9

Text

(a) (1) A change in the gross income of the payor or payee parent in an amount equal to or more than twenty percent (20%) shall constitute a material change of circumstances sufficient to petition the court for modification of child support. (2) (A) (i) Any time a court orders child support, the court shall order each parent to provide proof of income for the previous calendar year to: (a) (1) The other parent or the physical custodian of the minor child. (2) The court shall also order each parent to provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent or physical custodian of the minor child, but not more than one (1) time a year; and (b) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, when applicable. (ii) Whenever a parent or the physical custodian of the minor child requests proof of income in writing, the parent receiving the request shall respond by certified mail within fifteen (15) days. (B) If the parent receiving the request fails to provide proof of income as directed by the court or fails to respond to a written request for proof of income, the parent receiving the request may be subject to contempt of court. (C) If a parent requesting information or the office has to petition the court to obtain the information, the parent requesting information or the office may be entitled to recover costs and a reasonable attorney's fee. (D) Once notified of a material change in circumstances sufficient to petition for modification and when applicable, the office shall file a motion within thirty (30) days for modification of child support. (E) (i) All income information received by the office shall be used only as permitted and required by law. (ii) All income information received by a parent or the physical custodian of the minor child shall be treated confidentially and used for child support purposes only. (3) (A) 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. (B) As used in subdivision (a)(3)(A) 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. (b) A change in a parent's ability to provide health insurance may constitute a material change of circumstances sufficient to petition the court for modification of child support according to the family support chart. (c) (1) The office shall, at least one (1) time every three (3) years, without regard to a material change of circumstances, review cases in its enforcement caseload in which there has been an assignment under Title IV-A of the Social Security Act or upon the request of either parent or the physical custodian of the minor child and petition for adjustment if appropriate. (2) An inconsistency between the existing child support award and the amount of child support that results from application of the family support chart shall constitute a material change of circumstances sufficient to petition the court for modification of child support according to the family support chart after appropriate deductions unless: (A) The inconsistency does not meet a reasonable quantitative standard established by the State of Arkansas in accordance with subsection (a) of this section; (B) The inconsistency is due to the fact that the amount of the current child support award resulted from a rebuttal of the guideline amount and there has not been a change of circumstances that resulted in the rebuttal of the guideline amount; or (C) The inconsistency is due solely to a revision of the family support chart. (d) Any modification of a child support order shall be effective as of the date of service on the other party of the file-marked notice of a motion for increase or decrease in child support unless otherwise ordered by the court. (e) When a person is ordered by a court of record to pay for the support of his or her minor child, the court, at the time an order of support is made or any time thereafter, upon a showing of good cause, may order periodic drafts of his or her accounts at a financial institution to deduct moneys due or payable for child support in amounts the court may find to be necessary to comply with its order for the support of the minor child.

Legislative History

Amended by Act 2021, No. 927,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 904,§ 5, eff. 1/1/2020. Amended by Act 2019, No. 904,§ 4, eff. 1/1/2020. Amended by Act 2015, No. 565,§ 2, eff. 7/22/2015 Acts 1991, No. 367, §§ 1, 2; 1993, No. 1242, § 12; 1995, No. 1184, § 39; 1997, No. 1296, § 15; 2001, No. 1248, § 4; 2003, No. 337, § 1; 2005, No. 1962, § 19; 2007, No. 713, § 1; 2009, No. 551, §§ 1, 2