Support in Arkansas
Comprehensive guide to child support and alimony laws in Arkansas. Filing fees, requirements, timelines, and how to find a Arkansas family law attorney.
Arkansas at a Glance
- Child Support Model
- Income Shares
- Alimony Types
- 3 types
- Modification Standard
- Material change of circumstances that is substantial and continuing; a significant change in income or the needs of the child may warrant modification
How Arkansas Calculates Child Support
Arkansas uses an income-shares model established under Administrative Order No. 10 and the Revised Arkansas Family Support Chart. The model is based on the principle that children should receive the same proportion of parental income they would have received if the family remained intact.
The calculation begins with each parent’s gross income, which includes wages, salaries, commissions, bonuses, self-employment income, pensions, Social Security benefits, workers’ compensation, unemployment benefits, disability payments, rental income, dividends, interest, and other sources of income. The court may impute income to a parent who is voluntarily unemployed or underemployed.
From each parent’s gross income, certain allowable deductions are subtracted to arrive at net income. The parents’ net incomes are combined, and the Family Support Chart identifies the total child support obligation based on the combined net income and the number of children. Each parent’s share is proportional to their percentage of the combined net income. Work-related child care costs and health insurance premiums for the child are added to the basic obligation and divided proportionally.
For a general overview of how income-shares models work, see our guide on how child support is calculated. You can also estimate your potential obligation using our child support calculator.
Deviations from the Guidelines
The guidelines create a rebuttable presumption that the calculated amount is correct. However, the court may deviate from the guidelines under Administrative Order No. 10 if strict application would be unjust or inequitable. Grounds for deviation include:
- Extraordinary medical or dental expenses not covered by insurance
- The child’s independent financial resources
- Extraordinary costs associated with visitation or custody exchanges
- Special needs of the child, including physical, emotional, or educational needs
- The financial resources of both parents
- The needs of other dependents of either parent
- Shared or split custody arrangements
Any deviation must be supported by written findings explaining why the guidelines amount is unjust or inappropriate in the specific case.
Modifying or Terminating Child Support
Either parent may petition for modification by demonstrating a material change of circumstances that is substantial and continuing. Examples include a significant change in either parent’s income, a change in the child’s needs, or a change in the custody arrangement. Arkansas reviews child support orders periodically, and either parent may request a review at any time.
Child support in Arkansas generally continues until the child turns 18, or through age 19 if the child is still attending high school. Support also terminates upon the child’s emancipation, marriage, or death. Arkansas does not generally require parents to contribute to college or post-secondary education expenses, though parents may agree to such provisions in a settlement.
Enforcement of Child Support Orders
Arkansas’s Office of Child Support Enforcement (OCSE) and the courts have extensive enforcement authority:
- Income withholding from wages and other income sources
- Interception of state and federal tax refunds
- Suspension of driver’s licenses, professional licenses, and recreational licenses
- Liens on real and personal property
- Passport denial for arrearages exceeding $2,500
- Reporting to credit bureaus
- Contempt of court proceedings, which may result in fines or incarceration
Arrearages accrue and cannot be retroactively reduced. Any modification of child support takes effect from the date the petition for modification is filed.
Alimony in Arkansas
Arkansas courts may award alimony under ACA Section 9-12-312. Arkansas law emphasizes that the primary purpose of alimony is to bridge the gap between the parties’ financial positions rather than to equalize income. The types of alimony available include:
- Temporary alimony. Support paid during the pendency of the divorce proceedings to maintain the status quo.
- Rehabilitative alimony. Support for a defined period to allow the receiving spouse to obtain education, training, or work experience needed to become self-supporting. This is the most commonly awarded form of alimony in Arkansas.
- Permanent alimony. Ongoing support without a fixed end date, typically reserved for long-term marriages where the receiving spouse cannot reasonably achieve self-sufficiency due to age, health, or other limiting factors.
Arkansas courts generally favor rehabilitative alimony and will consider permanent alimony only when the circumstances demonstrate that the receiving spouse cannot become self-sufficient within a reasonable time.
Factors in Alimony Determinations
Under Arkansas case law and ACA Section 9-12-312, the court considers:
- The financial circumstances of both parties
- The couple’s standard of living during the marriage
- The value of jointly owned property
- The amount and nature of the income of both parties
- The earning ability and capacity of both parties
- The property awarded to each party in the divorce
- The duration of the marriage
- The health and medical needs of both parties
- Any child custody arrangements and their financial impact
Arkansas does not have a specific statutory formula for calculating alimony. The court exercises discretion based on the totality of the circumstances.
Modification and Termination of Alimony
Alimony in Arkansas may be modified upon a showing of a changed circumstance that is material and continuing. Alimony generally terminates upon the death of either party, the remarriage of the recipient, or the cohabitation of the recipient with another person in a marriage-like relationship. The court may also set a specific termination date for rehabilitative alimony.
When to Seek Legal Guidance
Arkansas’s income-shares model for child support and the Revised Family Support Chart provide a structured framework, but deviations, high-income situations, and shared custody arrangements add complexity. Alimony determinations involve significant judicial discretion, and the distinction between rehabilitative and permanent alimony can have substantial financial implications. If you are evaluating child support or alimony in Arkansas, consider scheduling a free consultation with an experienced family law professional.
Detailed Support Data for Arkansas
Child Support
- Extraordinary medical or dental expenses not covered by insurance
- The child's independent financial resources
- Extraordinary costs associated with visitation or custody exchanges
- Special needs of the child, including physical, emotional, or educational needs
- The financial resources of both parents
- The needs of other dependents of either parent
- Shared or split custody arrangements
- Any other factor the court deems relevant
Alimony / Spousal Support
- Temporary alimony
- Rehabilitative alimony
- Permanent alimony
- The financial circumstances of both parties
- The couple's past standard of living
- The value of jointly owned property
- The amount and nature of the income of both parties
- The earning ability and capacity of both parties
- The property awarded to each party
- The duration of the marriage
- The health and medical needs of both parties
- Any child custody arrangements
Enforcement
- Wage withholding
- Tax refund intercept
- License suspension (driver, professional, recreational)
- Contempt of court
- Property liens
- Passport denial
- Credit bureau reporting
References
Related Support Articles
Child Support and 50/50 Custody
Learn how child support works with 50/50 custody. Covers whether equal parenting time eliminates support, income disparity calculations, and state approaches.
Child Support Enforcement
Learn how child support enforcement works when payments stop, including wage garnishment, license suspension, contempt of court, and other legal remedies.
How Alimony Works
Learn how alimony is calculated, including the types of spousal support, factors courts consider, duration, tax implications, and state variations.
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