reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-216 - Income withholding - Establishment and maintenance of system

(a)
(1)
The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall establish and maintain a system to promptly implement income withholding for support orders issued in other states.
(2)
The office shall also seek assistance from other states in implementing income withholding in other states for support orders issued in this state.
(b)
The other state shall forward to the office three (3) certified copies of the support order issued by its court or administrative forum and a notice that contains the noncustodial parent's name, Social Security number, and current address, the name and address of the payor to the noncustodial parent, the amount to be withheld, and the name and address where payments are to be mailed by the office.
(c)
Upon receipt of the notice and certified copies of the order, the office shall establish the case within its system and follow the procedures enumerated in §§
9-14-221
-
9-14-223
and
9-14-229
.
(d)
Payors notified of income withholding orders arising from other states shall be bound by and under the same requirements as though the order were issued by a court of this state under this subchapter.
(e)
The office shall forward all payments received under this subchapter to the address provided by the other state.
(f)
The office shall notify the state where the support order was entered when the noncustodial parent terminates employment within this state and shall provide the new address and new employer to the state, if known.
Acts 1985, No. 989, § 30; A.S.A. 1947, § 34-1248; Acts 1989, No. 948, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-217 - Income withholding - Supersession of section 9-14-102

The income withholding provisions of this subchapter shall supersede the provisions of §
9-14-102
when applicable.
Acts 1985, No. 989, § 31; A.S.A. 1947, § 34-1249
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-219 - Income withholding - Priority of order

Orders of income withholding for support shall have priority over all other legal processes under state law against the money, income, or periodic earnings of the noncustodial parent.
Acts 1985, No. 989, § 11; A.S.A. 1947, § 34-1229
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-220 - Income withholding - Persons subject to order - Ground to contest order

(a)
All persons under court order to pay support on August 1, 1985, who become delinquent in an amount equal to the total court-ordered support payable for thirty (30) days shall be subject to the income withholding provisions of this subchapter. An order of income withholding shall become effective when the requirements set forth in §
9-14-221
have been satisfied.
(b)
The only ground to contest an order of income withholding effective under §
9-14-221
shall be mistake of fact.
Acts 1985, No. 989, § 14; A.S.A. 1947, § 34-1232
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-221 - Income withholding - When orders take effect - Notice - Costs

(a)
Orders of income withholding that were not effective immediately by order of the court, upon the consent of the noncustodial parent, or at the request of the custodial parent, shall become effective when payment arrearages owed by the noncustodial parent equal the total court-ordered support payable for thirty (30) days.
(b)
(1)
Prior to notification to the payor, for orders to be effective under this section, the noncustodial parent shall be sent a notice by any form of mail addressed to the parent at his or her last known address as contained in the records of the court clerk.
(2)
Actual costs of mailing the notice may be collected by the clerk from the custodial parent.
(3)
The notice shall contain the following information:
(A)
The amount to be withheld;
(B)
The amount of arrearages alleged to have accrued under the support order and that an additional amount of not less than twenty percent (20%) of the support ordered will be withheld to liquidate the arrearages or such amount as set forth by an order if applicable;
(C)
That the income withholding applies to current and subsequent periods of employment, if used in employment, or remuneration;
(D)
The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact;
(E)
That failure to contest the withholding within ten (10) days of the receipt or refusal of the notice will result in the payor's being notified to begin the withholding;
(F)
That if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and
(G)
That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding order.
(c)
(1)
Should the noncustodial parent contest the withholding because of mistake of fact, then after providing the noncustodial parent an opportunity to present his or her case the court or its representative shall determine whether the withholding shall occur and shall notify the noncustodial parent of the determination and, if appropriate, the time period in which withholding will commence.
(2)
The notice shall include the information to be provided to the payor as required in §
9-14-222
.
Acts 1985, No. 989, § 15; A.S.A. 1947, § 34-1233; Acts 1987, (1st Ex. Sess.), No. 33, § 1; 1991, No. 1095, § 5; 1993, No. 396, § 2; 2003, No. 1020, § 6
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-223 - Income withholding - Objection of payor

Upon receipt of an objection from a payor under an order of income withholding, the court or its representative shall expeditiously determine whether the payor shall be relieved under the order and shall so inform the payor within ten (10) days of receipt of the objection by a notice of its determination sent to the payor by regular mail.
Acts 1985, No. 989, § 17; A.S.A. 1947, § 34-1235
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-224 - Income withholding - Duties of payor

(a)
A payor who has been notified of an order of income withholding shall be bound by the order until further notice by the court or its representative.
(b)
(1)
A payor who is an employer that withholds support payments from more than one (1) employee shall have the option to periodically remit to the clerk funds withheld from all such employees in a single check rather than remitting the funds withheld from each employee separately.
(2)
If the payor elects to remit all such funds in a single check, each such remittance shall be accompanied by a list showing the portion of the funds withheld from each employee.
(c)
A payor shall notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source and shall provide the noncustodial parent's last known address and the name and address of any new employer, if known.
Acts 1985, No. 989, § 8; A.S.A. 1947, § 34-1226; Acts 1993, No. 1152, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-225 - Income withholding - Liability of payor - Distribution of moneys

(a)
A payor who has been notified of an order of income withholding shall be liable for any amount up to the accumulated amount that should have been withheld should he or she fail or refuse to withhold the income in accordance with the notice.
(b)
Once money has been withheld, except as provided in subsection (c) of this section, it shall be considered the property of the custodial parent. The custodial parent to whom the money is owed may seek any and all available redress against any employer who fails to transmit money pursuant to an order of income withholding.
(c)
Moneys withheld in cases brought under Title IV-D of the Social Security Act shall become the property of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration to be distributed in accordance with child support policy.
Acts 1985, No. 989, § 9; A.S.A. 1947, § 34-1227; Acts 1989, No. 210, § 1; 1995, No. 1184, § 13
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-226 - Income withholding - Prohibition of disciplinary action against employee - Penalty

(a)
A payor who is an employer is prohibited from discharging, refusing to employ, or taking other disciplinary action against a noncustodial parent under an income withholding order.
(b)
Any employer violating this subchapter shall be subject to the contempt powers of the court issuing the order and may be fined up to fifty dollars ($50.00) per day.
(c)
The noncustodial parent shall have the burden to prove that income withholding was the sole reason for the employer's action.
Acts 1985, No. 989, § 10; A.S.A. 1947, § 34-1228
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-227 - Income withholding - Administrative costs - Applicability to unemployment compensation and workers' compensation

(a)
A payor may withhold up to two dollars and fifty cents ($2.50) per pay period in addition to the court-ordered income withholding amount for the administrative cost incurred in each withholding.
(b)
The income withholding provisions of this subchapter shall apply to unemployment compensation benefits to the extent allowed by §§
11-10-109
and
11-10-110
.
(c)
The income withholding provisions of this subchapter shall apply to workers' compensation benefits to the extent allowed by §
11-9-110
.
Acts 1985, No. 989, § 12; A.S.A. 1947, § 34-1230; Acts 1987, No. 524, § 1; 1995, No. 1184, § 25
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-229 - Income withholding - Termination of order - Notice to payor

(a)
The circuit court may terminate an income withholding order upon proof that the court or its representative has been unable to deliver payments to the custodial parent for a period of six (6) months.
(b)
An income withholding order shall terminate when there is no further support obligation owed.
(c)
The circuit court or its representative shall notify the payor to cease withholding and shall refund support payments to the noncustodial parent in those cases in which no state debt as defined in §
9-14-211
remains unpaid.
Acts 1985, No. 989, § 18; A.S.A. 1947, § 34-1236
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-231 - Overdue support as lien on personal property

(a)
(1)
(A)
Support that has been ordered paid through the registry of the court or through the Arkansas Child Support Clearinghouse and that has become overdue shall become a lien on all personal property owned by the noncustodial parent wherever it may be found and need not be limited to the confines of the county where the circuit court is sitting.
(B)
A lien originating in another state shall be accorded full faith and credit as if the lien originated in the State of Arkansas.
(2)
Upon proof that the noncustodial parent has refused or failed to support his or her child or children pursuant to the order, the court may cause the property to be immediately surrendered to the sheriff of the county where the property is located and may direct the sheriff to take action as necessary to have it sold and apply the proceeds from any sale thereof toward the costs of the sale, any superior liens, the support obligation, including court costs and any attorney's fees awarded pursuant thereto, and any inferior liens.
(3)
Any amounts in excess of the overdue support, costs, fees, and other liens shall be paid to the noncustodial parent.
(4)
Any person who may purchase any personal property owned by the noncustodial parent for value and without notice of the lien for support shall take the property free of the lien.
(b)
The lien against personal property created in this section shall bear the same priority as set forth in §
4-9-322
.
Acts 1985, No. 989, § 3; A.S.A. 1947, § 34-1221; Acts 1987, No. 533, § 1; 1997, No. 1296, § 29; 1999, No. 1514, § 14; 2003, No. 1473, § 16
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-232 - Healthcare coverage

(a)
In all cases in which the support and care of any children are involved, the court may:
(1)
Order either parent to secure and maintain healthcare coverage for the benefit of the children when healthcare coverage is available or becomes available to the parent at a reasonable cost; and
(2)
Allocate the cost of coverage between the parents.
(b)
(1)
When the noncustodial parent has secured such coverage, the signature of the custodial parent, indicated as such, shall be a valid authorization to the coverage provider or insurer for the purposes of processing a payment to the children's health services provider.
(2)
An order for healthcare coverage shall operate as an assignment of all benefit rights to require the insurer or coverage provider of the healthcare coverage to pay benefits for services rendered to the children to the custodial parent or to the children's health services provider.
Amended by Act 2019, No. 904,§ 6, eff. 1/1/2020.
Acts 1985, No. 989, § 4; A.S.A. 1947, § 34-1222; Acts 1993, No. 965, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-235 - Arrearages - Payment after duty to support ceases - Definition

(a)
If a child support arrearage or judgment exists at the time when any child entitled to support reaches the age of majority, is emancipated, or dies, or when the obligor's current duty to pay child support otherwise ceases, the obligor shall continue to pay an amount equal to the court-ordered child support, or an amount to be determined by a court based on the application of guidelines for child support under the family support chart, until such time as the child support arrearage or judgment has been satisfied.
(b)
Enforcement through income withholding, intercept of unemployment benefits or workers' compensation benefits, income tax intercept, additional payments ordered to be paid on the child support arrearage or judgment, contempt proceedings, or any other means of collection shall be available for the collection of a child support arrearage or judgment until the child support arrearage or judgment is satisfied.
(c)
Income withholding under §
9-14-221
may be used to satisfy a child support arrearage or judgment.
(d)
As used in this section, "judgment" means unpaid child support and medical bills, interest, attorney's fees, or costs associated with a child support case when such has been reduced to judgment by the court or become a judgment by operation of law.
(e)
The purpose of this section is to allow the enforcement and collection of child support arrearages and judgments after the obligor's duty to pay support ceases.
Amended by Act 2013, No. 317,§ 1, eff. 8/16/2013
Acts 1989, No. 507, § 1; 1995, No. 1184, § 38; 2001, No. 1248, § 14
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-236 - Arrearages - Child support limited - Limitations period - Definitions

(a)
As used in this section:
(1)
"Accrued child support arrearages" means a delinquency owed under a court order or an order of an administrative process established under state law for support of any child or children that is past due and unpaid;
(2)
"Action" means any complaint, petition, motion, or other pleading seeking recovery of accrued child support arrearages;
(3)
"Initial support order" means the earliest order, judgment, or decree entered in the case by the court or by administrative process that contains a provision for the payment of money for the support and care of any child or children; and
(4)
"Moving party" means any of the following:
(A)
The custodial parent;
(B)
Any person or agency to whom custody of a minor child has been given or relinquished;
(C)
The minor child through his or her guardian or next friend;
(D)
A person for whose benefit the support was ordered, within five (5) years of obtaining his or her majority; or
(E)
The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when the custodial parent or person to whom custody has been relinquished or awarded is or has been receiving assistance in the form of Aid to Families with Dependent Children or has contracted with the office for the collection of support.
(b)
In any action involving the support of any minor child or children, the moving party shall be entitled to recover the full amount of accrued child support arrearages from the date of the initial support order until the filing of the action.
(c)
Any action filed pursuant to subsection (b) of this section may be brought at any time up to and including five (5) years beyond the date the child for whose benefit the initial support order was entered reaches eighteen (18) years of age.
(d)
No statute of limitation shall apply to an action brought for the collection of a child support obligation or arrearage against any party who leaves or remains outside the State of Arkansas with the purpose to avoid the payment of child support.
(e)
This section shall apply to all actions pending as of March 29, 1991, and filed thereafter, and shall retroactively apply to all child support orders now existing.
Acts 1989, No. 525, § 1; 1991, No. 870, § 2; 1995, No. 1184, § 14
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-238 - Collection of support obligations

(a)
The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is authorized to enter into professional service contracts with private individuals or businesses and public agencies concerning the establishment, and enforcement through court-ordered proceedings, of the collection, monitoring, and distribution of support obligations, including service of process as defined by §
9-14-206(d)
.
(b)
(1)
The Arkansas Title IV-D child support enforcement agency may collect unreimbursed public or medical assistance under a cooperative agreement with the state's Title IV-A or Medicaid agencies for any unreimbursed public or medical assistance owed the state.
(2)
Under any cooperative agreement that disallows the expenditure of federal Title IV-D funds, Title IV-D expenditures for activities associated with the recovery of state Medicaid or unreimbursed public assistance funds shall be paid to the Title IV-D agency by the state agency for which the funds are recovered.
Acts 1993, No. 1249, §§ 1, 2; 1997, No. 1296, § 32
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-241 - Referrals for criminal prosecution

(a)
The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall refer to the prosecuting attorney of the appropriate judicial district for prosecution under §
5-26-401
and any other applicable criminal statute, all cases in which:
(1)
The office has had enforcement responsibility for at least twelve (12) consecutive months;
(2)
More than ten thousand dollars ($10,000) in child support is owed and remains unpaid; and
(3)
Regular child support payments are not being received.
(b)
A referral under subsection (a) of this section shall contain the following information:
(1)
An affidavit signed by the custodian of the child receiving court-ordered child support payments stating:
(A)
Whether or not anything of value has been received from the person obligated to make the child support payments in lieu of child support payments;
(B)
Any known income sources of the person obligated to make the child support payments; and
(C)
A request that the criminal offense of nonsupport be prosecuted;
(2)
An affidavit from the office detailing the:
(A)
Date the child support arrearage began to accrue;
(B)
Name of each recipient and the amount of unpaid child support owed to each recipient; and
(C)
Last known address of the person obligated to make the child support payments;
(3)
A certified copy of the court order and any modifications of the court order mandating payment of child support;
(4)
A certified copy of the payment history of the person obligated to make the child support payments; and
(5)
A list of possible witnesses and known contact information.
(c)
Within thirty (30) days of receiving a referral under this section, the prosecuting attorney will send the office a:
(1)
Copy of the criminal information or arrest warrant if a decision to file charges has been made; or
(2)
Notice of any deficiencies in the referral.
(d)
Nothing in this section limits the ability of the office with respect to a case over which it has enforcement responsibility to:
(1)
Refer the case for criminal prosecution if the elements of the crime of nonsupport under §
5-26-401
appear to be present; or
(2)
Continue to pursue all available civil remedies in connection with the case.
Acts 2007, No. 714, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-242 - Report of nonsupport payments

(a)
(1)
The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall provide individual reports to the county circuit clerk concerning money received by the office in payment of arrearages owed by a person convicted of nonsupport under §
5-26-401
.
(2)
The reports shall be provided each month.
(b)
Upon receipt of the reports from the office, the county circuit clerk shall deduct the amounts stated on the report from the outstanding balance in the circuit clerk's file of the amount of nonsupport restitution owed by the individual.
Acts 2009, No. 1292, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 4 - STATE COMMISSION ON CHILD SUPPORT (§§ 9-14-401 — 9-14-403) › Section 9-14-402 - [Repealed]

Repealed by Act 2021, No. 470,§ 3, eff. 7/28/2021.
Acts 1989, No. 682, § 1; 1995, No. 1184, § 16
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 4 - STATE COMMISSION ON CHILD SUPPORT (§§ 9-14-401 — 9-14-403) › Section 9-14-403 - [Repealed]

Repealed by Act 2021, No. 470,§ 4, eff. 7/28/2021.
Acts 1989, No. 682, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-501 - Definition

As used in this subchapter, "healthcare coverage" includes, but need not be limited to, insurance of human beings against bodily injury, disability, or death by accident or accidental means, or the expense thereof, or disablement or expense resulting from sickness, and every insurance appertaining thereto.
Acts 1991, No. 368, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-502 - Income withholding authorized

(a)
In all decrees and orders that direct the noncustodial parent to provide and maintain healthcare coverage for any child, the court shall include a provision directing the employer to deduct from money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to provide for premiums for healthcare coverage offered by the employer.
(b)
(1)
The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is authorized to garnish wages, salary, or other employment income pursuant to §
16-110-101
et seq. and withhold amounts from a state tax refund due any person who:
(A)
Is required by a court or administrative order to provide coverage for costs of health services to a child who is eligible for medical assistance under this section; and
(B)
Has received payment from a third party for the costs of such services for the child but has not used such payment to reimburse, as appropriate, the custodial parent, the provider of such services, the Department of Human Services, or the office for expenditures for such costs.
(2)
Any claims for current or past-due child support shall have priority over any claim for the costs of such services.
Acts 1991, No. 368, § 1; 1995, No. 1179, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-504 - Communication with custodial parent or assignee

(a)
Without regard to the fact that coverage may be provided through a policy benefiting the noncustodial parent of a child or children, any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation operating in this state shall:
(1)
Receive claims for payment;
(2)
Respond to requests concerning information necessary to determine coverage status, claims status, health policy plan, or benefits for minor children for whom services are provided under Title IV-D of the Social Security Act,
42 U.S.C. § 651
et seq., regardless of the identity of the policyholder if the policy covers the child or to obtain benefits through coverage for minor children; and
(3)
Communicate with:
(A)
The custodial parent or parents or the noncustodial parent or parents of the minor child or children;
(B)
An assignee; or
(C)
The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
(b)
Any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation operating in this state shall permit the custodial parent or the provider, with approval of the custodial parent, to submit claims for covered services without approval of the noncustodial parent and shall make payment on such claims directly to the custodial parent, the provider, or the office.
Acts 1991, No. 368, § 3; 1995, No. 1179, § 3; 2005, No. 506, § 1; 2009, No. 551, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-505 - [Repealed]

Repealed by Act 2021, No. 927,§ 14, eff. 7/28/2021.
Acts 1991, No. 368, § 6
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-506 - Effective date of income withholding order - Applicability

(a)
(1)
An order of income withholding for healthcare coverage shall take effect immediately upon completion of enrollment requirements or, in cases being enforced under Title IV-D of the Social Security Act,
42 U.S.C. § 651
et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as required in §
9-14-516
.
(2)
Enrollment requirements shall be completed at the earliest enrollment period or, in cases being enforced under Title IV-D,
42 U.S.C. § 651
et seq., by the office, as required in §
9-14-516
.
(3)
Enrollment information shall be provided by the custodial parent, noncustodial parent, or the office as available.
(b)
Income withholding for healthcare coverage shall apply to current and subsequent periods of employment once activated.
Acts 1991, No. 368, §§ 4, 7; 2003, No. 1020, § 10
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-507 - Priority of income withholding claims

An order of income withholding for healthcare coverage shall have priority over all other legal processes under state law against money, income, or periodic earnings of the noncustodial parent except an order of income withholding for child support.
Acts 1991, No. 368, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-508 - Persons subject to income withholding - Ground for contest

(a)
Any person under a court order to provide and maintain healthcare coverage as of March 6, 1991, shall be subject to income withholding for healthcare coverage provisions of this subchapter.
(b)
An order of income withholding for healthcare coverage shall become effective upon the completion of the notice requirement set forth in §
9-14-509
.
(c)
(1)
The fact that the custodial parent provides supplemental medical insurance coverage or that the minor child or children are otherwise eligible for Medicaid assistance shall not be a ground to contest an order of income withholding for healthcare coverage.
(2)
The only ground to contest an order of income withholding for healthcare coverage shall be mistake of fact.
(d)
The noncustodial parent shall not eliminate healthcare coverage for the minor child or children without receiving evidence in writing that the court or administrative order providing for the healthcare coverage is no longer in effect.
(e)
Whenever the court orders the noncustodial parent to provide healthcare coverage and the noncustodial parent fails or refuses to comply or eliminates healthcare coverage in violation of subsection (d) of this section, that fact shall be disclosed to the court and may be considered a ground for civil or criminal contempt of court.
(f)
In cases being enforced under Title IV-D of the Social Security Act,
42 U.S.C. § 651
et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, §
9-14-516
shall apply.
Acts 1991, No. 368, § 8; 1995, No. 1179, § 4; 2003, No. 1020, § 11
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-509 - Notice to noncustodial parent

(a)
Prior to notification to the employer, the noncustodial parent shall be sent a notice by any form of mail addressed to the parent at his or her last known address as contained in the records of the court clerk.
(b)
The information contained in the notice shall include:
(1)
That the parent has been directed to provide and maintain healthcare coverage for the benefit of a minor child;
(2)
The name and date of birth of the minor child or children;
(3)
That the income withholding for healthcare coverage applies to current and subsequent periods of employment;
(4)
The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact;
(5)
That failure to contest the withholding within fifteen (15) days of the mail date of the notice will result in the payor's being notified to begin the enrollment requirements and withholding;
(6)
That, if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and
(7)
That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order for healthcare coverage and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding for healthcare coverage.
(c)
In cases being enforced under Title IV-D of the Social Security Act,
42 U.S.C. § 651
et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, §
9-14-516
shall apply.
Acts 1991, No. 368, § 9; 2003, No. 1020, § 12
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-510 - Determination of contest

(a)
Should the noncustodial parent contest the withholding because of mistake of fact, then, after providing the noncustodial parent an opportunity to present his or her case, the court or its representative shall determine whether the withholding shall occur and shall notify the noncustodial parent of the determination and, if appropriate, the time period in which withholding will commence.
(b)
In cases being enforced under Title IV-D of the Social Security Act,
42 U.S.C. § 651
et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, §
9-14-516
shall apply.
Acts 1991, No. 368, § 10; 2003, No. 1020, § 13
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-511 - Notice to employer

(a)
Notice shall be sent to the employer or payor of the parent for whom income withholding for healthcare coverage has been ordered.
(b)
The notice may be served on the employer or payor as if it were a summons pursuant to Rule 4 of the Arkansas Rules of Civil Procedure or may be sent to the employer by any form of mail requiring a signed receipt.
(c)
The notice shall contain the following information:
(1)
The parent's name and Social Security number;
(2)
That the parent has been required to provide and maintain healthcare coverage for a dependent minor child;
(3)
The name, date of birth, and Social Security number for each child;
(4)
That the employer should complete the enrollment requirements with the assistance of the custodial parent, noncustodial parent, employee, or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and begin withholding funds sufficient from the earnings due the parent to cover premiums for placing the minor child on the parent's healthcare coverage as provided by the employer and pay such funds so withheld to the insurer;
(5)
That withholding is binding on the payor for current and subsequent periods of employment or until further notice by the court or its representative;
(6)
That the payor must notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source or healthcare coverage and shall provide the noncustodial parent's last known address and the name and address of any new employer or new healthcare coverage provider, if known, or both;
(7)
That the employer must implement healthcare coverage for the minor child immediately upon receipt of the notice without regard to any enrollment season restrictions; and
(8)
That the employer must not remove a minor child from enrollment for coverage unless:
(A)
The employer has received evidence in writing that the court or administrative order is no longer in effect;
(B)
The child is or will be enrolled in comparable healthcare coverage by the noncustodial parent that will take effect not later than the effective date of the disenrollment; or
(C)
The employer has eliminated family healthcare coverage for all of its employees.
(d)
In cases being enforced under Title IV-D of the Social Security Act,
42 U.S.C. § 651
et seq., by the office, §
9-14-516
shall apply.
Acts 1991, No. 368, § 11; 1995, No. 1179, § 5; 2003, No. 1020, § 14
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-512 - Objection of employer

(a)
Upon receipt of an objection from a payor under an order of income withholding for healthcare coverage, the court or its representative shall expeditiously determine whether the payor shall be relieved under the order and shall so inform the payor within ten (10) days of receipt of the objection by a notice of its determination sent to the payor by regular mail.
(b)
In cases being enforced under Title IV-D of the Social Security Act,
42 U.S.C. § 651
et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, §
9-14-516
shall apply.
Acts 1991, No. 368, § 12; 2003, No. 1020, § 15
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-513 - Employer bound by court order until further notice

A payor who has been notified of an order of income withholding for healthcare coverage shall be bound by the order until further notice by the court or its representative.
Acts 1991, No. 368, § 13
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-514 - Notification of court by employer of termination

A payor shall notify the court or its representative or, in cases enforced under Title IV-D of the Social Security Act,
42 U.S.C. § 651
et seq., the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source and shall provide the noncustodial parent's last known address and the name and address of any new employer, if known.
Acts 1991, No. 368, § 13; 2003, No. 1020, § 16
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 5 - HEALTH CARE COVERAGE (§§ 9-14-501 — 9-14-516) › Section 9-14-515 - Employer prohibited from taking action against parent for income withholding

(a)
A payor who is an employer is prohibited from discharging, refusing to employ, or taking other disciplinary action against a noncustodial parent under an income withholding order for healthcare coverage.
(b)
Any employer violating this subchapter shall be subject to the contempt powers of the court issuing the order and may be fined up to fifty dollars ($50.00) per day.
(c)
The noncustodial parent shall have the burden to prove that income withholding for healthcare coverage was the sole reason for the employer's action.
Acts 1991, No. 368, § 14
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 8 - CENTRALIZED CLEARINGHOUSE (§§ 9-14-801 — 9-14-807) › Section 9-14-801 - Definitions and capabilities

As used in this subchapter:
(1)
(A)
"Clearinghouse" means an automated child support payment processing system operating under the auspices of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, capable of providing electronic funds transfer and electronic data interchange transactions for all Title IV-D child support cases on a statewide basis.
(B)
The clearinghouse shall be capable of pro rata distribution of child support payments on multiple cases involving the same noncustodial parent, and different custodial parents, through income withholding.
(C)
The clearinghouse shall be capable of processing automated assignments of child support payments in accordance with state laws and rules and federal laws and regulations.
(D)
The clearinghouse shall be capable of performing electronic funds transfer and electronic data interchange transactions;
(2)
"EFT/EDI" means electronic funds transfer and electronic data interchange; and
(3)
"Title IV-D" means Title IV-D of the Social Security Act, as amended.
Amended by Act 2019, No. 904,§ 9, eff. 1/1/2020.
Acts 1995, No. 1344, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 8 - CENTRALIZED CLEARINGHOUSE (§§ 9-14-801 — 9-14-807) › Section 9-14-802 - Authority

The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is authorized to implement a clearinghouse system with electronic funds transfer and electronic data interchange transaction capabilities for the collection and distribution of child support payments in all cases brought pursuant to Title IV-D of the Social Security Act and cases assigned to the clearinghouse as provided in this subchapter.
Acts 1995, No. 1344, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 8 - CENTRALIZED CLEARINGHOUSE (§§ 9-14-801 — 9-14-807) › Section 9-14-803 - Data

(a)
The clerk of the court shall provide to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration information on all child support payments paid through the registry of the court concerning the categories of cases listed in subsection (b) of this section, including, but not limited to, the name, address, Social Security number, and employer of the plaintiff and defendant when available to the clerk through the court records.
(b)
(1)
All child support payments owed in the below-listed cases shall be paid through the clearinghouse.
(2)
The clerk of the court shall provide the payment records of the below-listed cases to the office within five (5) working days following receipt of written notice by the office of one (1) of the listed contingencies:
(A)
When there is a current assignment of rights pursuant to §
9-14-109
, §
20-77-109
, or §
20-77-307
to the office by the custodial parent, and in cases where the custodial parents execute an application for Title IV-D services;
(B)
In cases in which there are arrearages owed to the custodial parent and arrearages owed to the state pursuant to an assignment as set out in §
9-14-109
, §
20-77-109
, or §
20-77-307
, and the clerk of the court is unable to split the child support payment between the custodial parent and the state; and
(C)
In all Title IV-D cases, or in multiple cases involving the Title IV-D office, in which income withholding is ordered and the obligated parent has more than one (1) child support case and the clerk of the court is unable to split the child support payment between the obligated parent's cases on a pro rata basis as required by state laws and rules and federal laws and regulations.
(c)
Any child support payment records provided by the clerk of the court pursuant to this section to the office shall be attested to and certified by the clerk of the court in writing as the true and accurate payment record of the noncustodial parent.
Amended by Act 2019, No. 904,§ 10, eff. 1/1/2020.
Acts 1995, No. 1344, § 3; 1997, No. 1296, § 35