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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-13-101 — 9-13-110) › Section 9-13-102 - Visitation rights of brothers and sisters

The circuit courts of this state, upon petition from any person who is a brother or sister, regardless of the degree of blood relationship or, if the person is a minor, upon petition by a parent, guardian, or next friend in behalf of the minor, may grant reasonable visitation rights to the petitioner so as to allow the petitioner the right to visit any brother or sister, regardless of the degree of blood relationship, whose parents have denied such access. The circuit courts may issue any further order that may be necessary to enforce the visitation rights.
Acts 1981, No. 920, § 1; A.S.A. 1947, § 57-137
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-13-101 — 9-13-110) › Section 9-13-104 - Transfer of custody on school property

(a)
In order to avoid continuing child custody controversies from involving public school personnel and to avoid disruptions to the educational atmosphere in our public schools, the transfer of a child between the child's custodial parent and noncustodial parent, when both parents are present, is prohibited from taking place on the real property of a public elementary or secondary school on normal school days during normal hours of school operations.
(b)
The provisions of this section shall not prohibit one (1) parent, custodial or noncustodial, from transporting the child to school and the other parent, custodial or noncustodial, from picking up the child from school at prearranged times on prearranged days if prior approval has been made with the school's principal.
Acts 1993, No. 660, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-13-101 — 9-13-110) › Section 9-13-105 - Criminal records check

(a)
Any parent of a minor child in a circuit court case may petition the court to order a criminal records check of the other parent of the minor child or other adult members of the household eighteen (18) years of age or older who reside with the parent for custody and visitation determination purposes.
(b)
If the court determines there is reasonable cause to suspect that the other parent or other adult members of the household eighteen (18) years of age or older who reside with the parent may have engaged in criminal conduct that would be relevant to the issue of custody of the minor child or visitation privileges, the court may order a criminal records check through the Arkansas Crime Information Center, including a check of the sex offender registry under the Sex Offender Registration Act of 1997, §
12-12-901
et seq.
(c)
The court shall review the results of the criminal records check, and if it deems appropriate, provide the results to the petitioning parent.
(d)
Any costs associated with conducting a criminal records check shall be borne by the petitioning party.
Amended by Act 2013, No. 477,§ 1, eff. 8/16/2013
Acts 1997, No. 730, § 1; 2011, No. 344, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-13-101 — 9-13-110) › Section 9-13-106 - Attorney ad litem programs

(a)
The Director of the Administrative Office of the Courts is authorized to establish attorney ad litem programs to represent children in guardianship cases in circuit court when custody is an issue.
(b)
When a circuit judge determines that the appointment of an attorney ad litem would facilitate a case in which custody is an issue and further protect the rights of the child, the circuit judge may appoint a private attorney to represent the child.
(c)
(1)
The Supreme Court, with advice of the circuit judges, shall adopt standards of practice and qualifications for service for attorneys who seek to be appointed to provide legal representation for children in guardianship cases.
(2)
(A)
In extraordinary cases, the circuit court may appoint an attorney ad litem who does not meet the required standards and qualifications.
(B)
The attorney may not be appointed in subsequent cases until he or she has made efforts to meet the standards and qualifications.
(d)
When attorneys are appointed pursuant to subsection (b) of this section, the fees for services and reimburseable expenses shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts.
(e)
(1)
When a judge orders the payment of funds for the fees and expenses authorized by this section, the judge shall transmit a copy of the order to the office, which is authorized to pay the funds.
(2)
The court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay.
(f)
The office shall establish guidelines to provide a maximum amount of expenses and fees per hour and per case that will be paid pursuant to this section.
(g)
In order to ensure that each judicial district will have an appropriate amount of funds to utilize for ad litem representation in custody cases, the funds appropriated shall be apportioned based upon a formula developed by the office, promulgated by rule, and approved by the Arkansas Judicial Council, Inc. and the Legislative Council.
(h)
(1)
The office shall develop a statistical survey that each attorney who serves as an ad litem shall complete upon the conclusion of the case.
(2)
Statistics shall include:
(A)
The ages of children served;
(B)
Whether the custody issue arises at a divorce or post-divorce stage;
(C)
Whether psychological services were ordered; and
(D)
Any other relevant information.
Amended by Act 2015, No. 1258,§ 12, eff. 7/22/2015
Acts 1999, No. 708, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-13-101 — 9-13-110) › Section 9-13-107 - Visitation rights of grandparents when parent does not have custody of child - Definitions

(a)
For purposes of this section:
(1)
"Child" means a minor under eighteen (18) years of age who is:
(A)
The grandchild of the petitioner; or
(B)
The great-grandchild of the petitioner; and
(2)
"Petitioner" means any individual who may petition for visitation rights under this section.
(b)
A grandparent or great-grandparent may petition the circuit court that granted the guardianship or custody of a child for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if the child is in the custody or under the guardianship of a person other than one (1) or both of his or her natural or adoptive parents.
(c)
Visitation with the child may be granted only if the court determines that visitation with the petitioner is in the best interest and welfare of the child.
(d)
(1)
An order granting or denying visitation rights to grandparents and great-grandparents under this section shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation.
(2)
(A)
If the court grants visitation to the petitioner under this section, then the visitation shall be ordered and exercised in a manner consistent with an order for grandparent visitation with a child awarded under §
9-13-103
, which is distinct from a custody and visitation schedule awarded to a parent in a divorce case, unless the court makes a specific finding otherwise.
(B)
If the court finds that the petitioner's visitation should be restricted, limited, or expanded in any way, then the court shall include the restrictions, limitations, or expansions in the order granting visitation.
(3)
An order granting or denying visitation rights under this section is a final order for purposes of appeal.
(4)
After an order granting or denying visitation has been entered under this section, a party may petition the court for the following:
(A)
Contempt proceedings if one (1) party to the order fails to comply with the order;
(B)
To address the issue of visitation based on a change in circumstances; or
(C)
To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.
Amended by Act 2013, No. 1512,§ 1, eff. 8/16/2013
Acts 2003, No. 652, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-13-101 — 9-13-110) › Section 9-13-108 - Visitation - Preference of child

In an action under this subchapter concerning a person's right to visitation with a minor child, the circuit court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age.
Acts 2005, No. 80, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-13-101 — 9-13-110) › Section 9-13-109 - Drug testing - Proceedings concerning child custody, visitation, or welfare of child - Definition

(a)
For purposes of this section, "drug" means any controlled substance as defined by the Uniform Controlled Substances Act, §
5-64-101
et seq.
(b)
In a proceeding concerning child custody, child visitation, or the welfare of a child, the court may order drug testing of a party upon application of a party or by its own motion.
(c)
The court may assess the cost of the drug testing to a party or parties or otherwise order or arrange payment of the cost of drug testing.
Acts 2005, No. 430, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-13-101 — 9-13-110) › Section 9-13-110 - Parents who are members of armed forces - Definitions

(a)
As used in this section:
(1)
"Armed forces" means the National Guard and the reserve components of the armed forces, the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, the United States Air Force, and any other branch of the military and naval forces or auxiliaries of the United States or Arkansas; and
(2)
"Mobilized parent" means a parent who:
(A)
Is a member of the armed forces; and
(B)
Is called to active duty or receives orders for duty that is outside the state or country.
(b)
A court shall not permanently modify an order for child custody or visitation solely on the basis that one (1) of the parents is a mobilized parent.
(c)
(1)
A court of competent jurisdiction shall determine whether a temporary modification to an order for child custody or visitation is appropriate for a child or children of a mobilized parent.
(2)
The determination under this subsection (c) includes consideration of any and all circumstances that are necessary to maximize the mobilized parent's time and contact with his or her child that is consistent with the best interest of the child, including without limitation:
(A)
The ordered length of the mobilized parent's call to active duty;
(B)
The mobilized parent's duty station or stations;
(C)
The opportunity that the mobilized parent will have for contact with the child through a leave, a pass, or other authorized absence from duty;
(D)
The contact that the mobilized parent has had with the child before the call to active military duty;
(E)
The nature of the military mission, if known; and
(F)
Any other factor that the court deems appropriate under the circumstances.
(d)
This section shall not limit the power of a court of competent jurisdiction to permanently modify an order of child custody or visitation in the event that a parent volunteers for permanent military duty as a career choice regardless of whether the parent volunteered for permanent military duty while a member of the armed forces.
Acts 2007, No. 301, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 3 - PERSONAL RECORDS OF CHILD (§§ 9-13-301 — 9-13-302) › Section 9-13-301 - Noncustodial parent's right to child's scholastic records - Definitions

(a)
As used in this subchapter:
(1)
"Child" means any person under eighteen (18) years of age; and
(2)
"College" means any public institution of higher education.
(b)
Any noncustodial parent who has been awarded visitation rights by the court with respect to a child shall be provided upon request a copy of the current scholastic records of the child by the school district or college attended by the child.
Acts 1997, No. 345, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 3 - PERSONAL RECORDS OF CHILD (§§ 9-13-301 — 9-13-302) › Section 9-13-302 - Penalty for noncompliance

Refusal by any school district or college official or employee having custody or control of student scholastic records to provide such records to any person entitled to receive a copy under the provisions of this subchapter shall be an unclassified misdemeanor punishable by a fine not to exceed five hundred dollars ($500).
Acts 1997, No. 345, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 4 - INTERNATIONAL CHILD ABDUCTION PREVENTION ACT (§§ 9-13-401 — 9-13-407) › Section 9-13-401 - Title

This subchapter shall be known as the "International Child Abduction Prevention Act".
Acts 2005, No. 170, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 4 - INTERNATIONAL CHILD ABDUCTION PREVENTION ACT (§§ 9-13-401 — 9-13-407) › Section 9-13-402 - Definitions

As used in this subchapter:
(1)
"Child" means a minor under eighteen (18) years of age who is the subject of a custody or visitation:
(A)
Matter currently pending before a court; or
(B)
Order that has been issued by a court;
(2)
"Court" means any circuit court of competent jurisdiction;
(3)
"Custodian" means the custodial parent, legal guardian, or lawful custodian of the child as determined by a court of competent jurisdiction in the State of Arkansas;
(4)
"Dual nationality" means the simultaneous possession of citizenship in two (2) countries;
(5)
(A)
"Human rights" means the basic principles that recognize each child's freedom and right to be protected from abuse and neglect.
(B)
"Human rights" includes the protection of children from:
(i)
Abuse and neglect;
(ii)
Arranged marriages;
(iii)
Child labor;
(iv)
Genital mutilation;
(v)
Sexual exploitation;
(vi)
Slavery;
(vii)
Torture and the deprivation of liberty; and
(viii)
Armed conflicts.
(C)
"Human rights" includes the right of children to:
(i)
Survive and develop;
(ii)
A name from birth;
(iii)
Be granted a nationality;
(iv)
Freedom of expression;
(v)
Freedom of thought, conscience, and religion; and
(vi)
A free and compulsory education;
(6)
"International child abduction" means the act of taking away, enticing away, withholding, keeping, or concealing a child from his or her parent or custodian by removing the child from the United States;
(7)
"Parent" means the biological or adoptive parent of a child;
(8)
"Registration" means the official act of notification or documentation of the birth, name, or lineage of an individual; and
(9)
"Security professional" means:
(A)
A bodyguard;
(B)
An off-duty certified law enforcement officer;
(C)
A person who holds a license issued by the State of Arkansas or another state; or
(D)
A person who has past experience or training as a professional in the area of securing the safety of persons.
Acts 2005, No. 170, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 4 - INTERNATIONAL CHILD ABDUCTION PREVENTION ACT (§§ 9-13-401 — 9-13-407) › Section 9-13-403 - Prevention of international child abduction

A custodian or parent may petition or move the court under this subchapter to determine whether one (1) or more of the measures described in §
9-13-406
is necessary to protect a child from the risk of international child abduction.
Acts 2005, No. 170, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 4 - INTERNATIONAL CHILD ABDUCTION PREVENTION ACT (§§ 9-13-401 — 9-13-407) › Section 9-13-404 - Considerations of court

To determine a matter under this subchapter, the court shall consider:
(1)
The best interests of the child;
(2)
The right of a parent for frequent and continuing contact with his or her child;
(3)
The rights of a custodian under an order from a court of competent jurisdiction in the State of Arkansas;
(4)
The risk of the child's becoming a victim of international child abduction by a parent, custodian, or any person acting on the behalf of the parent or custodian, based on the court's evaluation of the risk factors described in §
9-13-405
;
(5)
Any obstacles to locating, recovering, or returning the child if the child is a victim of international child abduction; and
(6)
The potential physical or psychological harm to the child if the child is a victim of international child abduction.
Acts 2005, No. 170, § 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 13 - CHILD CUSTODY AND VISITATION (§§ 9-13-101 — 9-13-407) › Subchapter 4 - INTERNATIONAL CHILD ABDUCTION PREVENTION ACT (§§ 9-13-401 — 9-13-407) › Section 9-13-407 - Ex parte relief

(a)
A court shall immediately conduct an ex parte hearing if a petitioner:
(1)
Alleges that:
(A)
An emergency exists; and
(B)
His or her child is in imminent danger of becoming a victim of international child abduction as defined under §
9-13-402(6)
; and
(2)
Requests an ex parte hearing on the issue seeking temporary and immediate relief.
(b)
At an ex parte hearing under this section, a court may grant the temporary relief necessary to prevent the child from becoming a victim of international child abduction until a full hearing on the matter can be held if the petitioner presents credible evidence that supports his or her allegation that his or her child is in imminent danger of becoming a victim of international child abduction.
(c)
A temporary order issued under this section shall not be effective for more than ninety (90) days.
Acts 2005, No. 170, § 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 1 - GENERAL PROVISIONS (§§ 9-14-101 — 9-14-110) › Section 9-14-101 - Implied consent to jurisdiction for child support and maintenance or to establish paternity - Service of process

(a)
Any person who establishes or acquires a marital domicile in this state, who contracts marriage in this state, or who becomes a resident of this state while legally married, and subsequently absents himself or herself from the state leaving a dependent natural or adopted child in this state and fails to support the child as required by the laws of this state, is deemed to have consented and submitted to the jurisdiction of the courts of this state as to any cause of action brought against that person for the support and maintenance of the child.
(b)
In an action to establish paternity or to establish or enforce a child support obligation in regard to a child who is the subject of the action, a person is deemed to have consented and submitted to the jurisdiction of the courts of this state if any of the following circumstances exists:
(1)
The person engaged in sexual intercourse with the child's mother in this state during the period of the child's conception or the affected child was conceived in this state; or
(2)
The person resides or has resided with the child in this state.
(c)
Service of process upon any person who is deemed by this section to have consented and submitted to the jurisdiction of the courts of this state may be made pursuant to Rule 4 of the Arkansas Rules of Civil Procedure.
Acts 1969, No. 297, §§ 1, 2; A.S.A. 1947, §§ 34-2446, 34-2447; Acts 1989, No. 508, §§ 1, 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 1 - GENERAL PROVISIONS (§§ 9-14-101 — 9-14-110) › Section 9-14-103 - Quarterly report of funds, moneys, etc., received for child support

(a)
(1)
(A)
Upon application of any interested person to any judge of any court of record having jurisdiction of the cause of action, the court may require any person receiving as guardian of the person, either by adoption of law or order of any court, any funds, moneys, credits, goods, chattels, or anything of value for the support, maintenance, care, or custody of a minor child to file a verified quarterly report of all moneys or goods received therefor.
(B)
The report shall state the items, goods, or services, the date purchased, and from whom purchased.
(2)
The quarterly report shall be filed with the clerk of the court or other body rendering the original order or decree between the first and fifteenth day of the calendar month immediately following the end of each calendar quarter.
(b)
(1)
This section shall apply to all awards, orders, or decrees made by any court or legally constituted body making such award.
(2)
Any report required to be made under this section shall be a public record.
(c)
It is the purpose of this section and the intention of the General Assembly that any funds, moneys, credits, chattels, goods, or anything of value that have been or are ordered, decreed, adjudged, adjudicated, or awarded for the use and benefit of any minor child shall be used and inure solely to the use and benefit of the minor child for which it is or was ordered paid.
Acts 1969, No. 301, §§ 1-3; A.S.A. 1947, §§ 34-2443 -- 34-2445
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 1 - GENERAL PROVISIONS (§§ 9-14-101 — 9-14-110) › Section 9-14-104 - [Repealed]

Repealed by Act 2013, No. 1119,§ 1, eff. 8/16/2013
Acts 1971, No. 433, ch. 6, § 12; A.S.A. 1947, §§ 34-2449, 34-2449n
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 1 - GENERAL PROVISIONS (§§ 9-14-101 — 9-14-110) › Section 9-14-105 - Petition for support - Definitions - Limitations period

(a)
The circuit courts in the several counties in this state shall have exclusive jurisdiction in all civil cases and matters relating to the support of a minor child or support owed to a person eighteen (18) years of age or older that accrued during that person's minority.
(b)
The following may file a petition to require the parent or parents of a minor child to provide support for the minor child:
(1)
Any parent having physical custody of a minor child;
(2)
Any other person or agency to whom physical custody of a minor child has been given or relinquished;
(3)
A minor child by and through his or her guardian or fictive kin; or
(4)
The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when a person to whom physical custody has been relinquished or awarded, parent, or putative father:
(A)
Is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act,
42 U.S.C. § 670
et seq.;
(B)
Is receiving child support services under
45 C.F.R. § 302.33
, as it existed on January 1, 2023; or
(C)
Has contracted with the Department of Finance and Administration for child support services.
(c)
(1)
Any person eighteen (18) years of age or above to whom support was owed during his or her minority may file a petition for a judgment against the nonsupporting parent or parents.
(2)
Upon hearing, a judgment may be entered upon proof by a preponderance of the evidence for the amount of support owed and unpaid for the last three (3) years prior to the petitioner reaching the age of majority.
(d)
As used in this subchapter:
(1)
"Minor child" means a child less than eighteen (18) years of age; and
(2)
"Payor parent" means a parent with an obligation to pay support.
(e)
Any action filed pursuant to this subchapter may be brought at any time up to and including five (5) years from the date the child reaches eighteen (18) years of age.
(f)
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.
Amended by Act 2023, No. 623,§ 2, eff. 8/1/2023.
Amended by Act 2021, No. 927,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 927,§ 1, eff. 7/28/2021.
Amended by Act 2015, No. 565,§ 1, eff. 7/22/2015
Acts 1989, No. 383, § 1; 1991, No. 870, § 1; 1993, No. 1242, § 1; 1995, No. 1184, § 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 1 - GENERAL PROVISIONS (§§ 9-14-101 — 9-14-110) › Section 9-14-108 - Transfer between local jurisdictions

(a)
(1)
The court where the final adjudication of child support is rendered shall retain jurisdiction of all matters following the entry of the decree.
(2)
If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another judicial district within the state, one (1) or both of the parties may petition the court that entered the final adjudication to request that the case be transferred to another county.
(3)
(A)
The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer.
(B)
If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child.
(b)
(1)
At the request of the person seeking to transfer the case to another judicial district, upon proper motion and affidavit, notice, and payment of a refiling fee, the court shall enter an order transferring the case and the refiling fee and charging the clerk of the court to transmit forthwith certified copies of all records pertaining to the case to the clerk of court in the judicial district where the case is being transferred.
(2)
An affidavit shall accompany the motion to transfer and recite that the parent or parents, the physical custodian, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as appropriate, have been notified in writing that a request has been made to transfer the case to another judicial district.
(3)
Notification pursuant to this section must inform each recipient that any objection must be filed within twenty (20) days from the date of receipt of the affidavit and motion for transfer.
(c)
The circuit clerk receiving a transferred case shall within fourteen (14) days of receipt set up a case file, docket the case, and afford the case full faith and credit as if the case had originated in that judicial district.
Acts 1997, No. 1296, § 13; 1999, No. 1514, § 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 1 - GENERAL PROVISIONS (§§ 9-14-101 — 9-14-110) › Section 9-14-109 - Automatic assignment of rights

(a)
By accepting public assistance for or on behalf of a dependent child, which public assistance is provided by the Department of Human Services under the Transitional Employment Assistance Program, i.e., Temporary Assistance for Needy Families Program, the recipient thereof shall be deemed to have assigned to the appropriate division of the Department of Human Services and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration any rights to child support from any other person as the recipient may have:
(1)
In his or her own behalf or on behalf of any other family member for whom the recipient is receiving such assistance; and
(2)
Accrued at the time such assistance, or any portion thereof, is accepted, to the extent possible under federal law.
(b)
The appropriate division of the Department of Human Services shall give notice in writing to each applicant for such assistance. The notice shall state that acceptance of the assistance will invoke the provisions of subsection (a) of this section and will result in an automatic assignment under subsection (a) of this section.
(c)
When a child is placed in the custody of the Department of Human Services, any right to support from any person on behalf of the child shall be deemed to have been assigned to the appropriate division of the Department of Human Services and the office for the period of time that the child remains in the custody of the state.
Acts 1997, No. 1296, § 14; 2001, No. 1248, § 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 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-202 - Exclusivity of remedies

The remedies provided in this subchapter shall not be exclusive of other remedies presently existing.
Acts 1985, No. 989, § 32; A.S.A. 1947, § 34-1250
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 9-14-205 - Information required in support cases

(a)
In all cases in which the support and care of any child or children are involved, it shall be the duty of the plaintiff, defendant, payee parent or physical custodian of the child, and the payor parent to keep the clerk of the circuit court informed of his or her current address when a payment of support is directed to be paid through the registry of the court or to keep the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration informed of his or her current address when a payment of support is directed to be paid through the Arkansas Child Support Clearinghouse.
(b)
(1)
The payor parent and the payee parent or physical custodian of the child in any case in which the support and care of any child or children are involved shall file with the clerk of the circuit court and the Office of Child Support Enforcement and update, as appropriate, his or her name, Social Security number, residential and mailing address, telephone number, driver's license number, and employer's name and address.
(2)
(A)
Information required pursuant to subdivision (b)(1) of this section shall be filed on a form provided by the Administrative Office of the Courts for that purpose.
(B)
Forms filed with the clerk pursuant to subdivision (b)(1) of this section shall be:
(i)
Maintained separately from the file of the case in which the support and care of any child or children are involved; and
(ii)
Considered confidential and shall be open to inspection only by the following persons or entities:
(a)
The Office of Child Support Enforcement;
(b)
Attorneys of record for any party to the case, including, but not limited to, parties appearing pro se; and
(c)
Any person or entity authorized by the circuit court in which the form is filed.
(c)
In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of such a party, the circuit court shall deem that state due process requirements for notice and service of process have been met with respect to the party upon delivery of written notice to the most recent residential address or employer address filed with the clerk of the circuit court pursuant to this subsection.
Amended by Act 2021, No. 927,§ 8, eff. 7/28/2021.
Amended by Act 2021, No. 927,§ 7, eff. 7/28/2021.
Acts 1985, No. 989, § 5; 1986 (2nd Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 34-1223; Acts 1997, No. 1296, § 18; 1999, No. 1514, § 8; 2005, No. 1877, § 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 9-14-206 - Office of Child Support Enforcement - Establishment - Plan - Program - Child support officers

(a)
There is established an organizational unit to be called the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration that shall administer the state plan for child support enforcement required under Title IV-D of the Social Security Act.
(b)
The office is designated as the single public entity for the administration of income withholding of support payments in accordance with federal law.
(c)
(1)
The office is hereby designated as a law enforcement agency and may employ a child support officer in counties where the court grants at least two thousand five hundred (2,500) divorces each year to assist in the service of civil and criminal process and to enforce child support orders in this state.
(2)
The officers shall be duly certified law enforcement officers pursuant to §
12-9-101
et seq. and shall have the same power to execute, serve, and return all lawful warrants including warrants of arrest issued by the State of Arkansas or any political subdivision thereof.
(d)
(1)
(A)
Notwithstanding the provisions of subsection (c) of this section, in all counties in cases in which the sheriff has returned the service papers "non est", the office may employ a child support officer or contract with a process server to assist in the service of civil and criminal process and to enforce child support orders in this state.
(B)
A child support officer so employed shall be a duly certified law enforcement officer pursuant to §
12-9-101
et seq.
(2)
Process servers contracting with the office or its agent shall be appointed by the circuit court pursuant to Rule 4 of the Arkansas Rules of Civil Procedure or Rule 6.3 of the Arkansas Rules of Criminal Procedure.
(3)
A child support officer or process server shall have authority to execute, serve, and return all lawful warrants of arrest issued by the State of Arkansas or any political subdivision thereof.
(4)
In any county wherein the sheriff chooses to transfer the responsibility of service of process in Title IV-D child support cases to the office, the office or its agent may employ a child support officer or contract with a process server as set forth in this subsection.
Acts 1985, No. 989, § 20; A.S.A. 1947, § 34-1238; Acts 1989, No. 808, § 1; 1989, No. 948, § 7; 1995, No. 1184, § 41; 1997, No. 1296, § 19
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 9-14-209 - Office of Child Support Enforcement - Duty to provide information to consumer reporting agency - Definition

(a)
(1)
As used in this section, "consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative, nonprofit basis regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
(2)
This term also includes any person who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
(b)
Upon written request by a consumer reporting agency, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall provide information to the agency regarding an amount of overdue support owed by a noncustodial parent in a case involving the Title IV-D agency.
(c)
The office shall report to a consumer reporting agency the name of any noncustodial parent who owes overdue support in a case involving the Title IV-D agency and the delinquent amount.
(d)
(1)
Prior to disclosure of the information to a consumer reporting agency, the office shall send the noncustodial parent a notice by regular mail to his or her last known address.
(2)
The notice shall inform the noncustodial parent of the name and address of the consumer reporting agency, the amount of overdue support to be released, the procedure available for the noncustodial parent to contest the accuracy of the information, and a statement that if the noncustodial parent fails to contest the disclosure within seven (7) days of the mailing date on the notice, the information will be released.
(e)
The information shall not be made available to:
(1)
A consumer reporting agency that the office determines does not have sufficient capability to systematically and timely make accurate use of such information; or
(2)
An entity that has not furnished evidence satisfactory to the office that the entity is a consumer reporting agency.
Acts 1985, No. 989, § 29; A.S.A. 1947, § 34-1247; Acts 1989, No. 948, § 3; 1991, No. 301, §§ 1, 2; 1995, No. 1184, § 9; 1999, No. 1514, § 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 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-211 - Assigned support rights generally

(a)
Support rights assigned to the Department of Human Services under §
9-14-109
shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes.
(b)
The amount of obligation owed to the state shall be the amount specified in a court order that covers the assigned rights or, when no court order exists, the amount of obligation owed to the state shall be the amount determined by a court based upon the parent's or parents' income or ability to pay during the period of assignment as applied to the Arkansas child support guidelines and family support chart.
Amended by Act 2021, No. 927,§ 11, eff. 7/28/2021.
Acts 1985, No. 989, § 22; A.S.A. 1947, § 34-1240; Acts 1991, No. 369, § 1; 1997, No. 1296, § 23
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 9-14-212 - Assigned support rights - Non-Temporary Assistance for Needy Families Program application fee

(a)
The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration may charge a nonrefundable application fee of up to twenty-five dollars ($25.00) to any person who contracts with the office for any services under Title IV-D of the Social Security Act for whom an assignment under §
9-14-109
is not in effect.
(b)
The fee shall be known as a "non-Temporary Assistance for Needy Families Program application fee" and shall be a flat fee in an amount to be determined by the manager that shall be paid by the applicant at the time the application for assistance is submitted.
(c)
(1)
Non-Temporary Assistance for Needy Families Program services shall be provided to an applicant on a cost recovery/fee-for-services basis as provided under Title IV-D program requirements.
(2)
(A)
The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall establish and publish a schedule of such fees that shall be administratively incorporated into child support enforcement policy.
(B)
Copies of the fee schedule shall be provided to all applicants for child support services.
(d)
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.
Acts 1985, No. 989, § 23; A.S.A. 1947, § 34-1241; Acts 1993, No. 1242, § 4; 1995, No. 1184, § 11; 1997, No. 1296, § 24; 1999, No. 1514, § 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 2 - ENFORCEMENT GENERALLY (§§ 9-14-201 — 9-14-242) › Section 9-14-213 - Assigned support rights - Notice - Termination of assignment

(a)
(1)
When a court has ordered support payments to be paid to or by a payor parent, payee parent, or physical custodian of a child who is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act,
42 U.S.C. § 670
et seq., or who has contracted with the Department of Finance and Administration or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for child support services, the office shall notify the clerk of the court.
(2)
Upon such notice, the clerk shall indicate in the registry of the court that the support is being collected under Title IV-D of the Social Security Act, and the clerk shall redirect all payments received to the office at the Arkansas Child Support Clearinghouse.
(3)
Notification to the clerk by the office shall be sufficient to authorize the clerk to redirect payments to the Arkansas Child Support Clearinghouse. The court need not hold a hearing on the matter, and child support shall be paid through the Arkansas Child Support Clearinghouse pursuant to §
9-14-801
et seq.
(b)
Lump-sum payments toward arrearages received by the clerk subsequent to termination of the assignment that were collected by the office through debt setoff or legal process shall be redirected to the Arkansas Child Support Clearinghouse.
Amended by Act 2021, No. 927,§ 12, eff. 7/28/2021.
Acts 1985, No. 989, § 24; A.S.A. 1947, § 34-1242; Acts 1997, No. 1296, § 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 9-14-214 - Assigned support rights - Award of fee in action - Definition

(a)
In any action brought on behalf of a person to whom a support obligation is owed under an assignment pursuant to §
9-14-109
or pursuant to a contract for services under Title IV-D of the Social Security Act, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall be awarded a fee in an amount equal to not less than three percent (3%) and not more than six percent (6%) of the overdue support.
(b)
For purposes of this section, "overdue support" means a delinquency pursuant to an obligation created under a court order or an order of an administrative process established under state law for the support and maintenance of a minor child.
Acts 1985, No. 989, § 27; A.S.A. 1947, § 34-1245; Acts 1993, No. 1242, § 13; 1997, No. 1296, § 26
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 9-14-215 - Fees in actions under Uniform Interstate Family Support Act

(a)
(1)
There shall be no filing fee, service fee, or other costs collected from the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or any attorney acting on its behalf for actions brought under the Uniform Interstate Family Support Act, §
9-17-101
et seq.
(2)
The court may direct such fees and costs to be paid by the noncustodial parent to the clerk of the court and the sheriff upon adjudication of the case.
(b)
(1)
The clerk and the sheriff may collect fees in all other cases from the office by submitting monthly or quarterly statements for their services.
(2)
Each statement shall clearly note the full name of the noncustodial parent thereon.
(3)
No clerk or sheriff may refuse service to the office or its attorney for its failure to pay the fees in advance.
(c)
(1)
A circuit clerk may collect from the noncustodial parent a fee of ten dollars ($10.00) for completion of income withholding forms for a custodial parent pursuant to this subchapter.
(2)
A notice of this fee shall be sent to the noncustodial parent along with the notice pursuant to §
9-14-221
.
(3)
After thirty (30) days, upon nonpayment of the fee by the noncustodial parent, the clerk may notify the payor who shall withhold the fee and remit the fee to the clerk.
Acts 1985, No. 989, § 28; A.S.A. 1947, § 34-1246; Acts 1991, No. 883, § 1; 1993, No. 468, § 3; 1995, No. 1184, § 12