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Arkansas State Profile |
Updated on 14 Aug 2007 Certified on 26 Sep 2007
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A. General/State-At-A-Glance |
|
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/State Operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
26 offices |
| A3. With what types of agencies do you have cooperative agreements? |
None |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes |
| A4.1. If so, what is the statutory citation? |
Ark. Code Ann. § 9-14-210 (e)(2) |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No |
| A4.3. If so, please explain. |
N/A |
B. UIFSA |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
3/12/1993 |
| B2. What is the effective date of your State's Act? |
3/12/1993 |
| B3. What is the statutory citation for your State's Act? |
Ark. Code Ann. § 9-17-101 et. seq.
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
Not applicable. |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
1996 |
| B5. Optional comments regarding your State's UIFSA Act. |
N/A | |
C. Reciprocity |
|
| C1. With what foreign countries does your State reciprocate? |
Canada, United Kingdom, Ireland, Germany, Poland |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
N/A |
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
Not applicable |
D. Age of Majority |
|
| D1. What is the age of majority in your State? |
18 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. |
| D2. What is the statutory cite for the age of majority? |
Ark. Code Anno. § 9-14-237 |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
Same as D1 |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
N/A |
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
N/A |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
If the court order specifically extends the support for a child beyond age 18. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
Yes |
| D7.1. If yes, please describe the procedure. |
The child support amount shall be automatically reduced for the remaining children in a support order when the support amount for one child ends. The support amount must be recalculated based on the most recent version of the Family Support Chart. Administrative Rule 10 requires that net income be applied to the chart when determining the amount. If the income amount is not listed in the current support order, the new support amount must be determined by the court. If the most recent order was entered prior to the adoption of the chart or if the court deviated from the chart when setting the amount of support, the new support amount will be decided by a court. (Ark. Code Ann. § 9-14-237) |
E. Statute of Limitations |
|
| E1. What is your State's statute of limitations for collection of past due support? |
Arrears reduced to a court judgment are always collectible. Arrears that are a judgment by operation of law are only collectible until the child turns 23. |
| E2. What is your State's statute of limitations for paternity establishment? |
None |
| E3. Is dormancy revival/renewal possible? |
Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
Judgments are automatically renewed for 10 years everytime there is a payment. If there is no collection made in 10 years, renewal is accomplished by Judicial process. |
F. Support Details |
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Percentage of Income Model. |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
State law provides for 10% per annum. Interest should be reduced to a judgment by a court or a sum certain indicated by the other state. |
| F3. Does your State charge interest on retroactive support? |
No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
None |
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
10% |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
No |
| F5.1. If so, under what circumstances? |
Depends on the language in the support order. Generally, no enforcement of 50% of the uninsured portion. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
Application Fee per NCP.....$25.00. The application fee shall be a flat fee that will be paid by the applicant at the time the application of assistance is submitted. The application fee is nonrefundable. The following fees are charged to the Obligee: BASE COST (includes overhead costs and activities other than legal services)........................... $ 18.00 INITIATION OF COURT ACTION ......... $80.00 Assessed when complaint, motion or petition with summons, order and citation, affidavit and arrest warrant or notice/order of hearing is prepared and forwarded to the clerk for processing in all cases (separate maintenance, paternity, interstate, criminal nonsupport and contempt). COMPLETION OF COURT ACTION A. Out-of-Court Settlement...........$100.00 Assessed when the initiated court action is resolved prior to court appearance in all cases. B. In-Court Settlement...............$150.00 Assessed when the initiated court action is resolved at the court appearance without trial. C. Trial............................$250.00 Assessed when the initiated court action is resolved by the court after hearing is held. Miscellaneous.........................$100.00 (per hour) assessed to reflect legal reparation such as research, interviewing witnesses, preparation of extraordinary pleadings or legal briefs, preliminary appearances (pre-trial conference arraignment) or pre-trial discovery (interrogatories, requests, depositions). |
| F6.2. What costs are recovered from/fees charged to the obligor? |
The Obligor is charged an administrative fee of $36 per year on the anniversary of the entry of the court order. Any fee or cost for services generated because of either a breach by the noncustodial parent of an agreement or of an order of the court shall be incorporated into the request for relief and reduced to a judgment in favor of and payable to the Office of Child Support Enforcement. (A.C.A 9-14-212) |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
N/A |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Ark. Code Ann. 9-17-201 |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Spousal support orders are enforced if part of a child support order. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
N/A |
G. Income Withholding |
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income Withholding |
| G2. What specific source of income is not subject to withholding? |
SSI |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
N/A |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$2.50 per withholding |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
14 days after the date the notice was mailed. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Payments are to be made at same time the noncustodial parent is paid. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Employers who refuse to withhold and transmit payments can be held liable by the court for the amount that should have been withheld. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
None |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
N/A |
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
No |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
N/A |
| G11. How does an obligor contest income withholding in your State? |
The NCP's only grounds to contest the withholding is that the person who received the notice was not the person obligated to pay support, the arrears are incorrect, or the current support amount is incorrect. The NCP receives an Income Withholding Claim Form to complete and return within 10 days if he or she wants to contest withholding. The NCP must prove that the arrears are less than an amount equal to 30 days of support. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
A withholding order for child support issued in Arkansas has priority over all other withholding orders. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
|
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
No |
| G14. When does your state require the employer to send notice of an employee's termination? |
Immediately |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
At the employer's discretion. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Yes. OCSE Web Pay was created as a virtual gateway to the AR OCSE. This system helps both parents and employers by providing instant access to child support records. OCSE Web Pay also offers a secure method to submit support payments using a credit card or electronic check. Go to www.childsupport.arkansas.gov. |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Employer |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Child support is to be paid first. |
H. Paternity |
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
Generally no. The court may address those if properly presented by the custodial parent or the noncustodial parent. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
N/A |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
4/10/1995 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
N/A |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
When parties to a marriage are competent to give testimony concerning the paternity of a child born of marriage. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
Yes |
| H6.1. If not, briefly explain. |
If the child was born in Arkansas after April 10, 1995. |
| H7. Does your State have any other paternity-related presumptions? |
No |
| H7.1. If yes, briefly explain. |
N/A |
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Arkansas Department of Health |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
None |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
N/A |
| H10.2. When did your current common law standard go into effect? |
|
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
N/A |
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
The custodial parent is not required to appear in person if the petition was filed pursuant to UIFSA, and teleconferencing is available. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
Ark. Code Ann. § 9-17-201 |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
A state must request reimbursement on Transmittal #1. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Court order OR Acknowledgment of Paternity signed after 4/10/95. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
01/10/1995 |
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
One packet/separate paternity affidavits. |
I. Support Order Establishment |
|
| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Arkansas is strictly a Judicial State. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
N/A |
| I1.2. Under what circumstances would the judicial process be used? |
N/A |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
|
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Only NCP's income is considered. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Judges have discretion to deviate from the chart, but must list their reasons on the record or in the order. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Only at the time paternity is established. The guidelines are used to determine the amount of support, back to birth of child or a period within the court's discretion. |
| I4.2. What information or documentation does your State require to proceed? |
Need proof of income for the period in question. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Establishment of child support for a prior period is within the sole discretion of the court. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Acknowledgment of paternity, license suspension, state tax offset, liens on assets in financial institutions, liens on insurance claims. |
| I6. What is your State's statutory authority for the administrative process? |
Ark. Code Ann. § 9-10-120 |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
No |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No. If a court order exists, payments must be re-directed to the physical custodian. AR OCSE does not take this action on behalf of the parties. |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
If the order is silent, an establishment; if the order states that child support is $0, a modification. |
J. Support Enforcement |
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative |
| J2. Is the lien process in your State judicial, administrative or both? |
Judicial |
| J2.1. What are the trigger criteria for filing a lien? |
Any arrearage balance operation of law |
| J2.2. Where is your State liens filed? |
County |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
$100 filing fee |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Both |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When case becomes delinquent |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
No |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
N/A |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
N/A |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
Three months and/or $500 delinquent, no payments in last 60 days. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
Under AR Policy, the following criteria must be met for AR to seize assets: * The case must be an open full service case. * Arrears must be at least $500 or three months' obligation, whichever is greater. * No payment made within the last 45 days. *The noncustodial parent is not currently a TEA recipient. *The noncustodial parent is not in bankruptcy. * A Family Violence Indicator is not attached to the noncustodial parent. |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
Yes |
| J5.3. 1. If yes, please provide the time frame. |
21 days |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
No |
| J5.4.1. If yes, please provide the percentage. |
N/A |
| J5.4.2 . Is the percentage different for joint accounts? |
|
| J5.4.3. If yes, please provide the amount. |
N/A |
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
No |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
N/A |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
10 days from the date of the notice for financial institution liens; 15 days for liens against insurance company assets. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
If the NCP disagrees with administrative hearing results, he/she has 30 days to file a petition in Chancery Court. |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
Mistake of fact. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative |
| J5.11. What are your State's penalties for incorrect seizures? |
None |
| J5.12. Is the second challenge administrative, judicial or both? |
Judicial |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
Ten business days from date of notice. Request must be in writing based on mistake of fact. Non debtor has same appeal rights as obligor. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Centralized. Not automated |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
None |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
N/A |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
Yes |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
Judicial process; foreclosure. |
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
20 days |
| J5.19.1 . If yes, please define. |
N/A |
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Worker's Compensation - Administrative |
| J7. Please describe any other administrative enforcement procedures your state may have. |
None |
| J8. Please describe any other judicial enforcement procedures your state may have. |
None |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
No specific procedures established. Generally, must comply with Article 4 UCC.
|
| J10. Which of our state's enforcement remedies are available without registration? |
Direct income withholding. |
| J11. Describe your state's registration and enforcement procedures. |
Foreign orders are registered pursuant to UIFSA. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
After registration, all available remedies are used to enforce a foreign support order. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
Ark. Code Ann. § 16-66-601 et.seq. |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No. |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
Transmittal #3 |
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
TRW, Experian, TransUnion |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
Responding state |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
Arrears exceed $1,000 |
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every three years. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Upon request of one of the parties. |
| K3. Briefly describe your State's modification procedure. |
State law for modification of child support orders is followed. Must show a substantial change of circumstances to warrant modification. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
There must be a change in the NCP's gross income in an amount equal to or more than 20%, or more than $100 per month. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
No |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
The custodial parent must demonstrate that there has been a substantial change of circumstances since entry of the child support order. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
N/A |
| K7. How does your state credit SSA disability to current and past due support? |
Current support first, then past due support. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
N/A |
| K8.2. What is the statutory cite for your abatement law? |
N/A |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
N/A |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Mail a request with a release from one of the parents or a court order to Vital Records H44, P.O. Box 8184, Little Rock, AR 72203-8184. Payment of $12 per acknowledgement, affidavit, or birth record must be included. The following information must be provided: Child's full name; DOB; place of birth; mother's full name, including maiden name. |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
Check with an attorney for the procedure to register. |
L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
Yes |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
Lump-sum payment means any form of income paid to an individual at other than regular or periodic 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 liguidation of unused sick or vacation pay or leave, the settlement of a claim, or an award for length of service. Net lump-sum payment means the entire lump-sum payment less any amount required by law to be withheld. |
| L1.2 Provide the statutory citation. |
ACA 9-14-210. n |
| L2. Does your state law require employers to report lump sum payments? |
No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
N/A |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
N/A |
| L4. How are employers instructed to report a pending lump sum? |
N/A |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
N/A |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
N/A |
| L7. Does your state use the income withholding order to attach the lump sum payment? |
Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
Noted on the original order/notice. |
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
No |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
N/A |
| L9. What other documents does your state use to attach lump sum payments? |
Garnishment process |
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
No |
| L10.1 If yes, what are those limits? |
N/A |
| L10.2 If no, what percentage is the employer required to withhold? |
The employer is to withhold 50% of the net lump-sum payment up to the amount of the arrears. The employer should contact OCSE to verify the amount of arrears at the time the lump-sum is to be paid. |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
No |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
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