Springdale Child Support Lawyers
Springdale Child Support Lawyers
Child support matters require careful attention to detail and a thorough understanding of Arkansas family law. Whether you are the custodial parent seeking fair compensation for raising your child or the non-custodial parent aiming to understand your obligations, an experienced lawyer by your side can make a significant difference in achieving an outcome that serves your family’s best interests and needs.
What Does a Child Support Order Include?
Arkansas child support orders encompass far more than just monthly payments; they typically include provisions for basic financial support, health insurance coverage, medical expenses not covered by insurance, and—in many cases—childcare costs or educational expenses.
The court carefully considers both parents’ incomes and the child’s unique needs when determining the appropriate support amount, as children have legitimate financial requirements that the support order must address.
Arkansas uses the “Income Shares Model” for calculating child support, which aims to provide children with the same financial support they would receive if both parents lived together in the same household. This model allocates responsibility proportionally based on each parent’s earnings, with the goal of getting both parents to contribute to their child’s upbringing even when they are no longer in a relationship.
How Is Child Support Calculated in Arkansas?
The calculation process begins with determining each parent’s gross monthly income from all sources, including wages, salaries, bonuses, commissions, self-employment income, and other earnings. After identifying gross income, the court subtracts certain allowable deductions, such as federal and state taxes, mandatory retirement contributions, union dues, and support payments for other children.
Once the court arrives at a more accurate picture of each parent’s actual available income, it determines the total available resources for supporting the child. The Arkansas Child Support Chart provides the baseline support obligation based on this combined income and the number of children involved.
For example, if the combined monthly income is $5,000 and one parent earns 60% of that amount while the other earns 40%, the higher-earning parent would typically be responsible for 60% of the total child support obligation, whereas the non-custodial parent usually pays their portion to the custodial parent each month.
When Can Child Support Orders Be Modified?
Life circumstances change in ways that can dramatically affect a family’s financial situation, and Arkansas law recognizes that child support orders may need adjustment when significant changes occur.
Valid reasons for requesting a modification include substantial changes in either parent’s income (typically defined as a 20% or more increase or decrease), which can happen due to job loss, promotions, demotions, or other changes in employment status.
Changes in the child’s needs also warrant a thorough review of existing orders, as unexpected medical expenses, special educational requirements, or significant shifts in childcare costs may necessitate adjustments to the support amount.
Additionally, any necessary modifications to custody arrangements or parenting time schedules can impact the child support calculations, meaning that parents who experience major life changes should consider whether their current support order still reflects their actual circumstances.
Parents cannot simply stop paying or change payment amounts on their own initiative. The court must approve any modification through a formal petition process, which requires recent pay stubs, tax returns, medical bills, or updated custody schedules.
What Happens When Child Support Is Not Paid?
Arkansas takes child support enforcement seriously, and the Arkansas Office of Child Support Enforcement (OCSE) has numerous tools available to collect unpaid support. The most common enforcement method is income withholding, where support payments are automatically deducted from the paying parent’s paycheck before they receive it.
Other enforcement mechanisms include intercepting federal and state tax refunds, suspending driver’s licenses and professional licenses, reporting unpaid support to credit bureaus, placing liens on property, and seizing funds from bank accounts. In serious cases of non-payment where parents demonstrate a pattern of willful non-compliance, the court may hold the non-paying parent in contempt, which can result in jail time and other serious legal consequences.
Unpaid support accumulates as arrears, continues to accrue interest over time, and remains legally owed even if circumstances change dramatically or unexpectedly.
How Does Paternity Affect Child Support?
When parents are unmarried at the time of a child’s birth, they must determine paternity before the court can order child support. Paternity can be established voluntarily through a signed acknowledgment at the hospital or later at a Child Support Enforcement office, or it can be established involuntarily through court-ordered DNA testing when one or both parties dispute the biological relationship.
After establishing paternity, either parent can petition for child support. A paternity determination gives children the legal rights to financial support, health insurance, inheritance rights, and access to family medical history, which extends far beyond the immediate child support arrangement. It also gives fathers legal standing to request custody or visitation rights.
What Role Does Custody Play in Child Support?
While custody arrangements and child support are closely related in family law, they are technically separate legal matters that require distinct court proceedings and determinations. Parents with equal or near-equal parenting time may still have child support obligations if there is a significant income disparity between them, meaning that simply sharing custody does not necessarily eliminate the financial support obligations that one parent may owe to the other.
Arkansas guidelines may adjust support amounts when the non-custodial parent has the child for extended periods, but this adjustment requires court approval and a detailed analysis of the specific custody arrangement.
Get Legal Help With a Springdale Child Support Lawyer at Wilmoth Law Firm
Navigating child support matters requires extensive knowledge of Arkansas family law and hands-on experience handling cases through the court system, which is why dedicated legal representation can help you protect your rights and your child’s best interests throughout the process. Trust a Springdale child support lawyer at Wilmoth Law Firm to protect your rights as a parent and to advocate for your child’s best interests. For a free consultation, call us today at 479-443-8080 or fill out our online form. Located in Fayetteville, Arkansas, we serve clients in the surrounding areas.
Our Practice Areas
Personal Injury & Motor Accidents
Trucking Accidents
Workers’ Compensation
Civil
Litigation
Criminal Law
Family Law