1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

26

2. What is the name of your IV-D agency?

Arkansas Office of Child Support Enforcement

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

Arkansas is a judicial state with limited administrative enforcement processes. Establishment and modification are judicial processes. Judicial enforcement remedies include contempt of court, as well as real and personal property liens. Administrative enforcement remedies include license suspension, lien and levy of financial institution accounts, insurance settlements, and lottery winnings. For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

All three.

5. Describe special requirements for telephonic or video participation in two-state actions.

While preference should be given to in-person hearings, OCSE attorneys may request telephonic or video participation in hearings where it is appropriate. There are no special requirements for telephonic or video participation. Arkansas Rules of Civil Procedure Rule 88 outlines the rules for virtual and blended court hearings. For Additional Information - https://opinions.arcourts.gov/ark/cr/en/item/16712/index.do#!fragment/zoupio-_Toc155171626/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgEYBWLjgdg4A2AEyCAlABpk2UoQgBFRIVwBPaAHJ1EiITC4Ei5Ws3bd+kAGU8pAEJqASgFEAMo4BqAQQByAYUcTSMAAjaFJ2MTEgA

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

The noncustodial parent's obligation automatically terminates by operation of law when the child reaches age 18, unless the child is still attending high school. If the child is attending high school, upon the child's high school graduation or the end of the school year after the child reaches 19 years of age, whichever is earlier. Support may be extended by court order. Ark. Code Ann. § 9-14-237 For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

When the child reaches 18 years of age unless the child is still attending high school. If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches 19 years of age, whichever is earlier. B). When the child is emancipated by a court order, marries, or dies. C). Upon the marriage of the parents of the child to each other. D). Upon the entry of a decree of adoption that is considered final. Ark. Code Ann § 9-14-237. For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

No. For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes, by specific court order. Ark Code Ann §§ 9-10-109(a)(2) and 9-12-312(a)(6) For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

Early termination of a child support order can occur when the child is emancipated by a court order, marries, or dies; upon the marriage of the parents to each other; or upon the entry of a decree of adoption that has become final and relieves the obligor of all parental rights and responsibilities. Ark. Code Ann. § 9-14-237 For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

No.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

Orders entered after April 2020 may be adjusted by operation of law to an amount to be determined by using the most recent version of the family support chart for any remaining children for whom an obligation for child support exists. Arkansas revised its guidelines and adopted an Income Shares Model in April 2020. Orders for support that were entered using earlier guidelines or that deviated from the guidelines regardless of when entered must be modified by court order. Ark. Code Ann. § 9-14-237(b).

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

No.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

Past due support reduced to a court judgment (a sum certain/specific dollar amount stated in a court order) are collectible until paid in full. Ark. Code Ann. § 9-14-235. An action to collect unadjudicated arrears may be brought until the child for whom support was ordered turns 23 years old. Ark. Code Ann. § 9-14-236. For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

There is no statute of limitations for a court to establish paternity. For Additional Information - No Link Provided

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

Yes. Judgments are automatically renewed for 10 years every time there is a payment. If there is no collection made in 10 years, renewal is accomplished by judicial process. Ark. Code Ann. § 16-65-501. However, an action to collect unadjudicated arrears may be brought until the child for whom support was ordered turns 23 years old. Ark. Code Ann. § 9-14-236. For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?

No.

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Income Shares Model effective April 2020. For Additional Information - https://www.arcourts.gov/forms-and-publications/arkansas-child-support-guidelines

2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?

Under Arkansas Administrative Order 10, the minimum number of days with each parent that is considered in the guideline’s formula is 140 overnights per year. If a noncustodial parent has at least 141 overnights, the "extended visitation" or "joint custody" calculation method may apply, potentially reducing their child support obligation. Court order, custody schedule, parenting plan or verbal testimony are all acceptable as evidence. For Additional Information - No Link Provided

3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

For Additional Information - No Link Provided

4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.

8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?

OCSE will initiate a review of a case when it is notified or becomes aware that auxiliary payments are being made to the children on the case on behalf of the noncustodial parent. Auxiliary payments paid directly to the custodial party on behalf of the child and on account of the noncustodial parent’s qualification for disability or retirement benefits are treated as child support payments and credited toward the child support obligation. When establishing or modifying a child support obligation, if the amount of the auxiliary payment does not satisfy the child support obligation, the noncustodial parent must pay the difference unless otherwise specifically ordered by the court.

9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?

If the monthly SSA benefit exceeds the monthly child support obligation, the excess is considered a gift and not credited toward the arrearages. If there is a lump-sum retroactive disability payment made to the family, the office will seek a determination from the court whether the noncustodial parent is entitled to credit against the child support order for the Social Security Administration retroactive lump-sum payment.

10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

For Additional Information - No Link Provided

11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)

If the monthly SSA benefit exceeds the monthly child support obligation, the excess is considered a gift.

12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?

This will be the same process as any other payment reconciliation between states. Payment records will need to be provided to the order state for updated arrearage calculation.

13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?

Case closure is not automatic. Cases may be closed if the noncustodial parent’s sole income is from SSI or from both SSI and SSDI, but the SSDI is not a significant source of income.

14. Does your state child support agency have a debt compromise program?

No.

15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)

The monthly amount due will remain at the last court ordered amount until the past due support is paid in full.

16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

The noncustodial parent will continue to be ordered to pay the custodial party, regardless of the location of the children, until another order says otherwise. OCSE does not have the authority to petition the court for a change of custody.

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

No. For Additional Information - No Link Provided

2. How is genetic testing coordinated within your state when the other party is in another state?

OCSE will arrange for the specimen collection through our contracted genetic testing provider. The provider will find the specimen collection facility closest to where the out-of-state party resides and coordinate the scheduling of the genetic testing appointment. Once confirmation is received, OCSE provides notice to the other party or other state agency if a UIFSA. For Additional Information - No Link Provided

3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

95% Ark. Code Ann. § 9-10-108(a)(6) For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

Ark. Code Ann. § 9-10-120(b) For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

Yes. Ark. Code Ann. § 28-9-209(a) For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

The appearance of the father's name or Social Security number, with his consent, on the birth certificate and other birth records creates a rebuttable presumption of paternity. Ark. Code Ann. § 9-10-108(b). However, the execution of an acknowledgment of paternity pursuant to Arkansas law or a similar acknowledgment during a child's minority is a conclusive finding of paternity. Ark. Code Ann. § 9-10-120. If an acknowledgment of paternity is executed by the mother and person named to be father, his name may be included on the birth certificate. Ark. Code Ann. § 10-18-401(f). For Additional Information - No Link Provided

7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

The registration of the father, with his consent, with the Putative Father Registry creates a rebuttable presumption of paternity. Ark. Code Ann. § 9-10-108(b). See also Ark. Code Ann. § 9-10-201 et seq. regarding assisted reproduction.

8. What, if any, is the agency name and link for your state’s putative fathers’ registry?

Arkansas Department of Health. The registry itself is not searchable online, but the FAQs and application may be obtained at Putative Father Registry Arkansas Department of Health. For Additional Information - https://www.healthy.arkansas.gov/

9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

The Arkansas Department of Health (AR DOH), Bureau of Vital Records is the official record keeper of Acknowledgments of Paternity (AOP) or birth certificates. See IRG Contacts for contact information for the Paternity Acknowledgment Copies Contact at the AR DOH. If Arkansas is the responding state in an interstate case and paternity documents are already a part of the existing file, we will provide AOPs and birth certificates.AR DOH charges $12 for a birth certificate and $12 for the AOP.

10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

Yes. "Order Birth Records." See also the IRG contacts for contact information for the Paternity Acknowledgment Copies Contact at the Arkansas Department of Health. For Additional Information - No Link Provided

10.1 Describe any circumstances under which these fees may be waived?

None.

11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Judicial

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

N/A For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

All circumstances require a judicial process. Ark. Code Ann. § 9-10-102 et seq., 9-12-301 et seq., and 9-14-101 et seq. For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

Both the custodial and noncustodial parents' incomes are considered. Significant income of the child may be a basis for a guideline's deviation. For Additional Information - No Link Provided

2.1. What documentation is required as proof/evidence of this information?

Parents must complete and submit an Affidavit of Financial Means and provide their last three consecutive paychecks, or their last two federal and state tax returns for a self-employed parent. Other evidence of income may be substituted based on the circumstances of the case.

3. What criteria for rebutting your presumptive guidelines have been established in your state?

In general, the court may consider all relevant factors including the best interests of the children. Examples of relevant factors include payment of extraordinary expenses of the children including medical expenses, significant income of the children, extraordinary time spent with the payor parent, and a parent's obligation to other children. For Additional Information - No Link Provided

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

Yes - Under state law in paternity cases, support may be ordered three years before the date of the petition, complaint, or other initial pleading was filed, or from the birth of the child if less than three years of age. If retroactive support is requested, states should be sure to include the request on Transmittal #1, the Uniform Petition, and on the General Testimony. For Additional Information - No Link Provided

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

Statement from the custodial parent regarding periods the noncustodial parent resided with the child or provided support. For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

No.

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

N/A. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No. For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

No.

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

If the order specifically reserved the issue of support or was silent, the case would be deemed to be an establishment of support. If the order state no child support was ordered or the obligation was zero, the case would be deemed to be modification and require a material change in circumstances. For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

A change of legal custody may be required in some but not all judicial circuits. For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

SSI For Additional Information - No Link Provided

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes. Ark. Code Ann. § 9-14-227 and 9-14-516. For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

5. What are your state’s sanctions for employers for not implementing income withholding?

6. What are the penalties to an employer for failure to remit payments withheld?

7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.

7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.

8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

9. How does a noncustodial parent contest an income withholding in your state?

10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

For Additional Information - No Link Provided

11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

No.

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

No.

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

No.

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

State Arrears first.

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

Arkansas OCSE distributes payments among the cases it enforces as required by federal regulations, regardless of the case being enforced for another state.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

Arkansas OCSE distributes payments among the cases it enforces as required by federal regulations, regardless of the case being enforced for another state. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

Financial institutions and Child Support Lien Network

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

Copy of the court order

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

The amount of child support arrears must exceed $1,000. For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

Experian, Trans Union, and Equifax

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

Once a noncustodial parent has been reported to the credit bureaus, he or she continues to be reported until enforcement services are no longer being provided. Once enforcement services are no longer provided by Arkansas OCSE, the noncustodial parent is automatically removed from credit bureau reporting.

7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

No.

8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes. Combined TANF arrears for all cases must be at least $150; combined non-TANF arrears from all cases must be at least $500.

9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

No.

10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes. $500.

11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?

Yes. $500.

12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?

Yes. $500.

13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?

No.

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Administrative.

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

No. For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

Centralized and automated.

17. What are the criteria to attach an account in a financial institution in your state?

1) Arrears must be at least $500 or equal to three months' obligation, whichever is greater, 2) No payment received within the last 45 days; 3) The noncustodial parent is not currently a TANF recipient, 4) The noncustodial parent's source of income may not include SSI, and 5) A Family Violence Indicator is not attached to the parties.

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

No. For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

Submit a Transmittal #3 and a copy of the court order.

20. Does your state's income withholding definition include amounts in financial institutions?

See response to Question 9 under Income Withholding. For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

Yes. Arkansas OCSE and the financial institution notifies the party after an account is frozen. For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

20 days. For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

Based on agency policy, the financial institution holds the funds during the appeals time frame. If the funds are released before the administrative process is exhausted, the funds are held pending the outcome. If yes, provide the statutory citation and time frames. For Additional Information - No Link Provided

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

100%. Yes. Joint accounts are handled on a case by case basis depending on the facts and circumstances of each matter. For Additional Information - No Link Provided

25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?

The noncustodial parent has 10 days to return a written request to dispute the action with the office.

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

36. What are the criteria for initiating/filing a lien in your state?

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.

39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

40.1 If yes, is this enforcement judicial, administrative, or both?

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

Every three years. For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

In TANF cases, review and adjustment is initiated if the order was entered or modified, or a review occurred three or more years ago. For non-TANF cases, the parties are notified of their right to request review and adjustment three years from the last order or modification and every three years thereafter. Review and adjustment may be requested more frequently if there has been a significant change in circumstances, such as emancipation of a child or change in income of at least 20%, or the availability of health care coverage. For Additional Information - No Link Provided

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

There must be a change in either party's gross income of at least 20% per month. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

No. For Additional Information - No Link Provided

4.4. The cost of living has changed.

Yes

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

No, unless the earnings of one of the parents has increased or decreased by 20%.

4.6. There has been a substantial change in childcare expenses.

Yes.

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

Change in the availability of health care coverage or the emancipation or death of a child. For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

No.

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

No. For Additional Information - No Link Provided

7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?

Yes, if the noncustodial parent becomes permanently disabled which is medically verified by Social Security Disability benefits determination form this qualifies as a change of circumstances for a review and adjustment.

8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?

Yes, with one exception. OCSE will initiate a review of a case when OCSE is notified or becomes aware that Social Security disability auxiliary payments are being made to the children on the case on behalf of the payor parent. Both parties will be sent a notice that a review of the current support order will be conducted.

9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?

Yes, in one situation: OCSE will initiate a review of a case when OCSE is notified or becomes aware that Social Security disability auxiliary payments are being made to the children on the case on behalf of the payor parent. Both parties will be sent a notice that a review of the current support order will be conducted.

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

The OMB-approved income withholding order is used for employer lump sum payments, such as bonuses. A separate notice process is used for withholding from workers' compensation benefits.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

Yes. Standardized cost on a case-by-case basis. For more information, go to www.childsupport.arkansas.gov > General Information > Costs and Fees.

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

Custodial parent. Court costs, attorney fees, and cost of genetic testing may be awarded against the noncustodial parent by court order.

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

Yes. Costs are requested in the court order or listed on Transmittal #1.

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

3.1. Is it retained by the state from support collected?

No.

3.2. Is it paid by the individual applying for child support services?

No.

3.3. Is it recovered from the noncustodial parent?

No.

3.4. Is it paid by the state out of its state funds?

Yes.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

Yes - Ark. Code Ann. § 9-14-208. When there is more than one claim against the noncustodial parent, the payment is pro-rated among the cases. For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?

The case must be open for enforcement, arrears must be at least $500, and the noncustodial parent cannot be receiving TANF.

3. What process does your state use to intercept insurance payments?

Administrative. For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?

Workers' Compensation Commission will accept a notice to withhold directly from another state agency. For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

Yes.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes.

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

Yes.

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes.

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes.

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

Yes.

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

A Transmittal #3 should be sent to Arkansas Central Registry. There is no cost for a certified copy of a court order. For Additional Information - No Link Provided

2. What are the procedures and associated costs for obtaining a certified payment record?

Contact the Arkansas Child Support Clearinghouse (SDU). There is no charge. There is no cost for a certified copy of payment records. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

Ark. Code Ann. § 9-17-101 et. seq. For Additional Information - https://www.arkleg.state.ar.us/ArkansasLaw

2. How does your state define the tribunal (See UIFSA 103)?

A circuit court of the state of Arkansas. For Additional Information - No Link Provided

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

Three

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

No

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

None.

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

No.

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

Alternative A - Arkansas accepts applications for services from individuals residing outside the U.S.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

Yes. For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

No.

3. What methods of personal service does your state use?

Generally, service of process may be made by delivery by authorized persons to the individual or a member of the individual's family who is at least 18 years old where the individual resides, or by certified mail, return receipt, restricted delivery to the individual. See Arkansas Civil Procedure Rule 4 (Ark.R.Civ.P 4)

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

There are no specific add-ons pursuant to current guidelines, but the courts could decide to add on. For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

In general, yes; however, the state IV-D agency does not currently use formal process other than routine entry of orders by agreement.

6. What circumstances will cause your state to end child support before the normal duration?

Early termination of a child support order can occur when the child is emancipated by a court order, marries, or dies; upon the marriage of the parents to each other; or upon the entry of a decree of adoption that has become final and relieves the obligor of all parental rights and responsibilities. For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

For countries with a U.S. bank account, payment is sent electronically in U.S. dollars. Countries that do not have a U.S. bank account will receive paper checks in U.S. dollars.

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

Arkansas accepts and receives electronic payments from Central Authority Payment (CAP) or bank accounts drawn/remitted off of a U.S. Bank in the correct format. Paper checks are converted without fees to the payor.

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

Arkansas will only process electronic payments from a U.S. bank in CCD+ or CTX formats. Countries without a U.S. bank account may send payment by paper checks in the currency of their country.

4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

No.

1.1. If yes, list the tribes and identify services provided, if less than full services.

N/A For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

No.

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.

No.

2. What is your state's SDU bank name?

Bank of America.

3. What is your state's SDU vendor name?

Arkansas SDU is state-supported.

4. What is your state's web-based payment service for employers?

Web-based payment service (no fee for e-check payments; fee for credit card payments): Website: www.ark.org/MyWorkers Phone: 800-216-0224 Phone: 501-683-7954 E-mail: employer.relations@ocse.arkansas.gov (for all employers' issues)

5. What is your state's web-based payment service for noncustodial parents?

https://www.ark.org/mycase/

6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?

Employers are able to make credit card payments through MyWorkers at https://www.ark.org/myworkers/. Noncustodial parents are able to make credit card payments through MyCase at https://www.ark.org/mycase/.

7. How does your state accept card payments?

Credit card payments are made through a third-party provider.

8. Are there fees associated with the credit card payments?

Yes. Payments made through MyWorkers or MyCase are charged by the third-party provider in the amount of $2 plus 2% fee.

9. Does your state have other payment options?

eCheck payments may be made on https://www.ark.org/myworkers/. Employers paying by check, money order, and cashier’s checks can send payments to the SDU P.O. Box. 8125, Little Rock, AR 72203. Payments made by the noncustodial parent must be sent to P.O. Box 8124, Little Rock, AR 72203.

10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

No later than the first pay period that occurs after 14 calendar days following the date the notice was mailed.

11. When must an employer remit amounts withheld from an employee's pay?

Within 7 business days after the employee’s payday.

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

Income means the actual gross income of the parent. The guidelines presume that the parent with the legal obligation to pay support will file federal taxes as a single individual and have only one state exemption. Adjustments have been made in the Chart for federal and state income taxes, FICA, and average child-rearing expenditures.

13. What is your state's priority for withholdings?

Child support has priority over any other garnishment, attachment, or assignment.

14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.

Yes. A.C.A. § 9-14-228.

15. What are the withholding limits for non-employees?

None. However, amounts withheld from lump sum payments, as defined under state law, are limited to the full amount of the past due support but not to exceed 50% of the lump sum payment. Contact AR OCSE to verify arrears.

16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)

The payment shall be divided pro rata. Pro rata being the proportionate amount each order bears to the total amount due for current support under all notices and orders.

17. When does your state require employers to send notice of an employee's termination?

Immediately. Employer must also provide the noncustodial parent’s last known address and the name and address of any new employer, if known.

18. How long should an employer retain the order after the employee's termination?

Order must be retained until such time that there is no longer a current child support obligation, and no arrearages exist.

19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))

Up to $2.50 per pay period.

20. Provide your state's statutory citation.

A.C.A. §9-12-312, § 9-14-216 through § 9-14-229

21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)

Lump sum payment means any: form of income paid to an individual at other than regular intervals or payment regardless of frequency that is dependent upon meeting a condition precedent, including without limitation: the performance of a contract; a job performance standard or quota; the liquidation of unused sick or vacation pay or leave; the settlement of a claim; or an award for length of service. A.C.A. § 9-14-201.

22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

Employer must withhold from any lump sum payment the full amount of past due support owed by the noncustodial parent not to exceed 50% of the net lump sum payment.

23. Does your state have a threshold amount for a lump sum to be reported?

No.

24. Does your state citation or rule provide how long the employer must hold the lump sum?

No.

25. Is the Income Withholding Order (IWO) used for lump sums?

Yes.

26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

OMB-approved IWO is used.

27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?

Lump sum withholding is limited to not more than 50% of the net lump sum.

28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?

The same limitation of not more than 50% of the net lump sum applies.

29. What is your state's Medical Support Statute?

A.C.A. § 9-14-232, § 9-14-502 through § 9-14-516

30. What is your state's Reasonable Cost Definition?

Health insurance coverage is considered reasonable if the cost of dependent coverage does not exceed 5% of the gross income of the parent who is to provide coverage. Administrative Order No. 10

31. What is the Health Coverage Expense?

This amount may be determined by the difference between self-only coverage and family coverage, or the cost of medical insurance for the child. If the amounts for self-only and family coverage cannot be verified, then the total cost of the premium may be divided by the total number of persons covered by the policy and then multiplied by the number of children in the support order. If the party providing coverage does not incur an additional cost to add the child(ren), then no amount shall be added to the child-support obligation for insurance.

32. What is the Income Withholding Limits for Support?

Fifty percent (50%) of the disposable earnings if the noncustodial parent is supporting a spouse or dependent child other than the spouse or child for whose support the court order was issued; Fifty-five percent (55%) of the disposable earnings if the noncustodial parent is supporting a spouse or dependent child other than the spouse or child for whose support the court order was issued exist and the amount of arrears are equal to 12 weeks support or greater; Sixty percent (60%) of the disposable earnings if the noncustodial parent is not supporting a spouse or dependent child other than the spouse or child with respect to whose support the court order was issued; or Sixty-five percent (65%) of the disposable earnings if the noncustodial parent is not supporting a spouse or dependent child other than the spouse or child with respect to whose support the court order was issued and there is an amount of arrearage of 12 weeks support or greater.

33. What is the Priority of Withholding?

Medical support has priority over any other garnishment, attachment, or assignment with the exception of child support withholding.

34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?

Current child support, cash medical support, health insurance premiums, arrears.

35. According to 45 CFR §303.32(a), what are your state options?

Noncustodial parent, custodial parent, or both.

36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?

Administrative review must be requested by noncustodial parent within 15 days of the notice mailing date.

37. What is the reporting timeframe (non-magnetic media only)?

Within 20 days of hire date

38. What are the required data elements?

New Hire Information: Employee name, Employee address, SSN, First day of work, State of hire, Employer name, Employer address, FEIN; Optional: Employee date of birth, Employer phone number, Employer fax number, Employer email address

39. What are the methods of transmission?

Online (state portal), Mail, Fax, Payroll service

40. Does your state require independent contractor reporting?

No