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5-26-414. Order for periodic payments — Release of defendant on own recognizance.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-414. Order for periodic payments — Release of defendant on own recognizance.
(a) In its discretion, the original trial court may:
(1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and
(2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.
(b) The conditions of the recognizance shall be that the defendant:
(1) Will comply with the terms of the order; and
(2) Appear in court on a day certain.
(c) Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-414
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-26-414
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b2de20252b66353cde67bd63b59c533cc271f092618806aa2db2b0f358d39114
Source location: content.xml paragraph 12969
Stored source content
5-26-414. Order for periodic payments — Release of defendant on own recognizance.
(a) In its discretion, the original trial court may:
(1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and
(2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.
(b) The conditions of the recognizance shall be that the defendant:
(1) Will comply with the terms of the order; and
(2) Appear in court on a day certain.
(c) Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-401. Nonsupport.
(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:
(1) Spouse who is physically or mentally infirm or financially dependent;
(2) Legitimate child who is less than eighteen (18) years of age;
(3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or
(4) Dependent child who is physically or mentally infirm.
(b)(1) Nonsupport is a Class A misdemeanor.
(2) However, nonsupport is a:
(A) Class D felony if the person:
(i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support;
(ii) Has previously been convicted of nonsupport; or
(iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;
(B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or
(C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.
(c) The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support.
(d)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-26-401. This identifies an authority to review, not proof of applicability.