Both parents have an ongoing financial obligation towards their children, whether married or not, which is computed by the Arkansas, child support calculator. Most states have particular standards for determining single, separated, or divorced parents’ financial responsibilities and ensuring that they pay support.
Although parents can agree on child support, such arrangements must at the very least follow the law’s requirements and be approved by the court. This is because the kid, not the parents, has the right to receive a set level of assistance.
How To Calculate Child Support in Arkansas
The Arkansas Supreme Court has established criteria that all courts must follow to determine the child support that one parent may be ordered to pay to the other with the Arkansas child support calculator. Basic support in Arkansas is calculated as a percentage of a non-custodial parent’s net income after specified deductions.
The courts use a broad definition of income to encompass the largest range of resources available to help children. Both parents must file an Affidavit of Financial Means to aid the court in assessing child support.
If you’re going through a support case, you may look at Administrative Order No. 10 and its revisions to see how a court might determine supportable income. Income is defined in the present edition of Administrative Order No. 10 as any type of remuneration, regardless of source. Two common examples are wages, commissions, self-employment earnings, pensions, disability benefits, and investment income.
The percentage of a net bonus that a court will include in income if income includes bonuses varies depending on the number of dependents covered by the support order. Administrative Order No. 10 contains the relevant percentages.
Income taxes, Social Security, Medicare, and railroad retirement withholdings, medical insurance payments for dependent children, and support a parent pays for other dependents pursuant to court orders are all allowable deductions.
You can use the Child Support Charts to match the non-custodial parent’s net income to the number of children a support order would cover after assessing the non-custodial parent’s net income. Unless a judge determines otherwise, the non-custodial parent will pay the custodial parent the sum given on the corresponding chart.
Guidelines For Arkansas Child Support Calculator
You can file an application with the Office of Child Support Enforcement in Arkansas if you need to create a child support order (OCSE). All families that do not receive public assistance must pay a $25 non-refundable application fee. Not only can OCSE assist you in determining the amount of child support to be collected, but they can also assist you in establishing paternity and locating absent parents.
You must be able to give the following information when filing for child support through OCSE (additional information may be required):
- Identifying information about the non-custodial parent, such as name, address, social security number, and employer.
- Financial details on the non-custodial parent, including income and assets.
- Your children’s birth certificates.
Child support is calculated by first determining the child’s financial requirements and then determining the noncustodial parent’s ability to pay. Child support is normally collected through income withholding after an order is in place to guarantee that payments are made regularly and on time each month.
Exceptions to Child Support Charts
The amounts specified in the current Child Support Charts have a rebuttable presumption of being acceptable, but a judge who deems these amounts to be unjust or unsuitable in light of the facts of a specific case may impose a different amount.
A court may consider a variety of reasons while making changes. If the parents share physical custody of the kid or if a non-custodial parent spends an unusual amount of time with the child, the court may vary from the standards.
Imputing Income for Child Support
By refusing to work, a parent cannot avoid paying child support. The court will examine the reasons for a parent’s unemployment or underemployment. If the court determines that a parent’s wages were lowered by choice rather than for a justifiable reason, the court may credit income up to the parent’s reasonable earning capability. A court will normally impute earnings at minimum wage if there is no proof of a higher earning potential.
Modifying a Child Support Order
If the non-custodial parent’s gross income changes by 20% or more, or by more than $100 per month, a parent can request modification (change) of an existing child support order every three years. If there has been a significant change in the status quo since the present support order was issued, a parent can also ask the court to alter the order.
Termination Of Child Support Order
The responsibility to maintain a kid in Arkansas stops when the child reaches the age of eighteen. However, if the child is still in high school at the age of 18, support will continue until the child graduates from high school or until the end of the school year after the child turns 19, whichever comes first. Child support is likewise terminated when a kid is emancipated by the court, marries, or dies.
Child Support Enforcement in Arkansas
The Arkansas Department of Finance and Administration’s Office of Child Support Enforcement (OCSE) is responsible for assisting families in obtaining child support payment orders determined by the Arkansas child support calculator, locating absent parents, establishing paternity if necessary, and ensuring compliance with child support court orders.
How does having shared custody of the child affect child support in Arkansas?
In circumstances when the custody agreement allows for joint or shared custody of a child between both parents, all states provide a mechanism of adjusting the amount of child support payable.
The child support formula in Arkansas accounts for joint custody of a child directly in calculating payable amounts. This implies in circumstances where custody is shared, the paying parent’s child support payment will be decreased in proportion to the length of time they have custody of the child.
How are child support payments taxed in Arkansas?
According to IRS standards, child support recipients are not required to pay federal tax on their payments, and child support payers are not permitted to deduct their expenses. This contrasts with the federal taxation of alimony payments, which the receiver treats as taxable income and the payor deducts. The tax treatment of child support in Arkansas may vary.
While the state of Arkansas does not have an express mandate that college expenditures be funded by child support, both parties can voluntarily agree to support for college fees, which is then legally enforceable.