Introduction
Child support is an essential aspect of providing for a child’s needs, and it is the responsibility of both parents. Unfortunately, it isn’t uncommon for a parent to fall behind in their child support payments. When this happens, enforcing child support orders in Arkansas becomes necessary.
Understanding Arkansas Child Support Laws
Before you take any legal steps, it’s essential to understand Arkansas child support laws. Arkansas law requires non-custodial parents to pay a specific amount of support based on their income. The amount of support is based on a percentage of the non-custodial parent’s income, and there is a cap on the amount of support that can be ordered.
The non-custodial parent is also responsible for medical expenses, and it’s expected that they provide health insurance or contribute to the cost of insurance. If there are substantial changes to the non-custodial parent’s income or circumstances, the child support order can be modified.
Enforcement Options In Arkansas
When a non-custodial parent doesn’t pay child support, the custodial parent has several options for enforcing the child support order.
Wage Withholding
Wage withholding is a common way to enforce a child support order in Arkansas. This process involves having the non-custodial parent’s employer withhold a specific percentage of their earnings and send it directly to the state child support agency. The agency then sends the payment to the custodial parent.
The non-custodial parent’s employer may receive a Notice to Withhold, which orders the employer to start withholding earnings. It’s also possible for custodial parents to enroll in direct deposit to receive payments quickly.
Contempt of Court
The court can find the non-custodial parent in contempt of court for non-payment of child support. This process involves filing a motion for contempt, which asks the court to hold the non-custodial parent in contempt for violating the child support order.
If the court finds the non-custodial parent in contempt, they can be fined, ordered to pay court costs, and even sentenced to time in jail.
Liens and Levies
Arkansas law allows for attachment, liens, and levies to enforce child support orders. This process involves seizing some of the non-custodial parent’s assets, such as bank accounts, real estate, and other property.
To use this option, the custodial parent must request a writ of execution from the court. If the writ is granted, the state may file a lien against the non-custodial parent’s property or levy their bank account.
Hire An Attorney
If you are struggling to enforce child support orders in Arkansas, it’s essential to hire an attorney. An attorney can help you navigate the legal system and file the necessary motions to enforce the child support order.
An attorney can also help you understand your options, including modifying the child support order or filing for contempt of court if the non-custodial parent fails to pay.
Conclusion
Enforcing child support orders in Arkansas is necessary to ensure that children receive the support they need. There are several options available, including wage withholding, contempt of court, liens, and levies. Hiring an attorney can help you understand your options and take the necessary steps to enforce the child support order. Remember, child support isn’t just a legal obligation – it’s a crucial aspect of providing for a child’s needs.