Child support is a legal obligation that one parent, usually the non-custodial parent, pays to the other to contribute to the financial well-being of their child. The purpose of child support is to make sure that the child maintains a similar standard of living as they would have if both parents were living together. It’s meant to cover the costs associated with raising a child, including daily living expenses, medical needs, and education.

In Arkansas, child support is typically required until the child turns 18 or graduates from high school, whichever comes later. However, there are circumstances where child support may extend beyond this, such as if the child has special needs.

Whether you’re paying or receiving child support, it’s essential to understand how the system works, how amounts are calculated, and what your rights and obligations are. When you need assistance with child support in Arkansas, contact our lawyer at the Watson Law Firm.

How Is Child Support Calculated in Arkansas?

Arkansas follows an "income shares" model to calculate child support. This method is based on the idea that both parents should contribute to their child's upbringing in proportion to their incomes. The court will consider both parents' gross incomes and use a formula to determine how much the non-custodial parent must pay in child support.

The court will also factor in other variables, such as any existing child support obligations, healthcare costs, and whether the parents share joint custody. If the non-custodial parent has more visitation time with the child, this may also reduce the amount they’re required to pay.

In certain situations, the court can deviate from the standard child support guidelines if they believe it's in the child’s best interest. For instance, if the child has special needs or there are extraordinary medical expenses, the support amount might be adjusted accordingly.

Modifying Child Support Orders

Life circumstances can change after a child support order is established. If there’s been a significant change in either parent’s financial situation, such as a job loss or a substantial increase in income, it may be necessary to modify the child support order. Either parent can request a modification, but they must show that the change is substantial and ongoing.

For example, if the paying parent loses their job or suffers a severe illness that impacts their ability to earn an income, they can petition the court for a reduction in child support payments. On the other hand, if the receiving parent can demonstrate that the child's needs have increased or the paying parent is earning significantly more, they may request an increase in support.

It’s important to note that only the court has the authority to modify a child support order. Informal agreements between parents to change support payments aren't legally binding and could lead to legal issues down the road.

Enforcement of Child Support

If a parent falls behind on child support payments, the state has several enforcement tools at its disposal. In Arkansas, the Office of Child Support Enforcement (OCSE) works to make sure that child support obligations are met. If a parent fails to pay, the OCSE can take actions such as wage garnishment, intercepting tax refunds, or even suspending the delinquent parent’s driver’s license.

Repeated failure to pay child support can result in more severe consequences, including contempt of court charges, fines, or jail time. Arkansas takes child support obligations seriously, and the courts will work to enforce these orders to protect the child’s best interests.

The Role of the Family Lawyer in Child Support Cases

Managing the challenges of child support can be overwhelming, especially if you're unfamiliar with Arkansas family law. A family lawyer can be an invaluable resource in these cases. Whether you’re seeking child support, need to enforce an existing order, or want to modify your current arrangement, a lawyer can guide you through the process and make sure your rights are protected.

A lawyer can also help in cases where the other parent is uncooperative or when the situation involves nuanced issues like shared custody, interstate child support, or disputes over income reporting. Family lawyers are experienced in negotiating fair outcomes and can represent your interests in court if necessary.

Can Child Support Be Waived?

In some cases, parents may wonder if child support can be waived by mutual agreement. While parents can negotiate custody and visitation arrangements, child support is viewed as a right of the child, not the parents. This means that even if both parents agree to waive child support, the court may not approve such an arrangement if it’s not in the best interest of the child.

The court’s primary concern is making sure that the child’s needs are met, and child support is seen as essential to that goal. Any agreement that doesn’t provide adequate financial support for the child may be rejected by the court.

How Custody Affects Child Support

In Arkansas, the type of custody arrangement can influence child support. Joint custody, where both parents share physical and legal responsibility for the child, may lead to adjustments in child support amounts. If both parents share nearly equal time with the child and their incomes are similar, the court may reduce or even eliminate child support. However, this isn’t guaranteed, and the court will still look at what’s in the child’s best interest when deciding on support amounts.

Sole custody, where one parent is primarily responsible for the child’s care, typically results in higher child support obligations for the non-custodial parent. The court assumes that the custodial parent is contributing to the child’s care by providing housing, food, and other daily needs, while the non-custodial parent provides financial support through child support payments.

What Happens if Paternity Is Disputed?

In situations where paternity is in question, child support can't be ordered until paternity is legally established. If there’s a dispute over whether a man is the father of a child, either parent can request a paternity test. This is typically done through DNA testing, which can definitively establish paternity.

Once paternity is confirmed, the court can issue a child support order. In Arkansas, paternity establishment is essential not only for child support but also for a father’s rights to visitation and custody.

Contact My Firm Today

I can help you manage the legal system, advocate for a fair outcome, and make sure that your child receives the support they need. Child support isn’t just about money—it’s about providing a stable, supportive environment where children can grow and succeed. Understanding the process, knowing your legal options, and seeking professional guidance when needed can make all the difference in securing a positive outcome for your child and your family.

Watson Law Firm is here for you, so reach out. My office is located in Harrison, Arkansas and I serve Boone County, Newton County, Marion County, and Baxter County.