Are you a custodial parent, also called the receiving parent, in a child support case? If yes, you know how things get difficult when a non-custodial parent, also called the giving parent, defaults on child support payments. Your child suffers in such a situation irrespective of the reason of payment default.
Understanding the child support laws in Arkansas
As per the child support laws in Arkansas, both parents have to pay child support and provide for the general welfare of the child. The law emphasizes that parents provide for their children’s educational expenses.
Depending on your case, the court could order either one or both parents to make child support payments. Usually, the non-custodial parent, or the one who spends less time with the child, is responsible for making the child support payment. Even though the child’s primary caregiver parent remains responsible for child support, but in the eyes of law, this parent spends the required amount directly on the child.
You must get an official child support order when your relationship ends to ensure that you can enforce the support obligation later on. The state of Arkansas has child support guidelines in place to determine child support orders. The guidelines include a mathematical formula to calculate the amount child support each parent must pay.
Being the receiving parent, you must act to enforce a child support order when the paying parent has stopped making payments. There are stringent federal and state laws in place to ensure reinforcement of child support.
Child Support Services (CSS), established to enforce state and federal child support laws, is a division within the Arkansas Department for Children and Families. It has the power to take legal action against parents failing to pay for child support for more than a month.
CSS takes several steps to collect overdue child support. It includes:
Notifying the employer of the paying parent and withholding wages for payment of child support.Denying passport by referring the case to the US Department of State.
Removal of certain privileges such as suspension of driver’s license, professional licenses, and recreational licenses.
Reporting to credit bureaus about the non-custodial parent’s default in paying for child supportIntercepting the federal and state tax returns of the defaulting parent and using them for child support.
Initiating contempt proceedings in the court of law, which could result in fines as well as jail time.Freezing bank accounts of the non-custodial parent.
Placing a lien against the non-custodial parent’s assets like the house, car, etc. till he or she clears child support overdue
Consulting a family lawyer in Arkansas
You might need private representation to speed up the recovery of child support payment. An experienced family lawyer in Arkansas can help you in not just recovering the payment, but also in child support modification and enforcement of child support order.The attorney advises you on the options available to you and the course of action required in your case. The lawyer can also guide you in cases where the non-custodial parent has filed a motion due to lack of ability to make payment, or where the paying parent seeks to reduce child support amount.
Finding a family lawyer using LawTally
LawTally, a website giving information on the best attorneys in the country, is useful for quick lawyer search. You can shortlist the best family lawyers in your county or city using this digital platform. You can meet the shortlisted lawyers personally and decide to hire the most suitable attorney.
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