USA – ARKANSAS Trends and Developments Contributed by: Aaron Bundy and Hannah Lange, Bundy Law
years or, if the child is under three years old, then to the date of the child’s birth. Child support arrears can be paid in a lump sum amount or on a monthly basis until the arrears are paid. Any monthly payments on arrears will be in addition to the monthly child support obligation. If a par - ent is unwilling or unable to pay their child sup - port or arrears, their wages can be garnished by the Office of Child Support Enforcement. A parent’s obligation to pay child support ends either when the child turns 18 years old or, if the child is still in high school, at the date of the child’s high school graduation or when they turn 19 years old – whichever occurs first. If the paying parent has unpaid child support at the time the obligation for monthly support ends, the arrears must be satisfied even after their regular monthly child support obligation has ended. A parent’s wages can still be garnished in order to pay off any unpaid child support arrears, long after their child has reached the age of majority. Reasons for modification of child support oligations A child support payor may not voluntarily reduce their income in order to lower or eliminate their duty of support. There must be an evidence- based and legitimate reason for the request to have child support modified, such as: • a change in employment of the paying parent that impacts their income; • an injury that negatively impacts the paying parent’s employment; or • a significant increase in the income of the party receiving support that lowers their need for support. Any parent requesting modification of child support must show that it is in the best inter - est of the child for the support to be modified.
Evidence that a parent has voluntarily reduced their income is conduct that may lead to child support not being modified, notwithstanding the change in that parent’s income. A parent may not file for bankruptcy to avoid having to pay child support. Under federal law, child support obligations – whether they are future obligations or past-due obligations – will not be eliminated, reduced or discharged in a bankruptcy proceeding. Additionally, a parent cannot voluntarily give up their parental rights to any child to end their obligation for child support. Unless and until a child is adopted, the biological parents of a child are still responsible for the financial support of the child. Only when an adoption has been finalised and the child has a new legal parent or parents will the biological parents’ duty to sup - port the child end. If one biological parent keeps the child and one biological parent relinquishes their parental rights, the biological parent who has given up their rights will still owe a duty of support to the child. Calculation of spousal support Most divorces involve a disparity in incomes, as one spouse often makes more money than the other. The change in dynamics and resourc - es upon separation and divorce can leave the lesser-earning spouse with insufficient income to support themselves and maintain a stand - ard of living similar to what they had during the marriage. Spousal support (alimony) is intended to fill that gap, either on a rehabilitative or per - manent basis, depending on the particular cir - cumstances of each case. It is the responsibil - ity of the spouse requesting alimony to provide evidence of their need for support. The spouse opposing an alimony award may offer their own evidence as to why the spouse seeking alimony
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