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9-14-218. Income withholding — Time of taking effect generally — Forms.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-14-218. Income withholding — Time of taking effect generally — Forms.
(a)(1) In all decrees or orders that provide for the payment of money for the support and care of any children, the court shall include a provision directing a payor to deduct from:
(A) Money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments imposed by the court plus an additional amount of not less than twenty percent (20%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order; and
(B) Any lump-sum payment as defined in § 9-14-201, the full amount of past due support owed by the noncustodial parent not to exceed fifty percent (50%) of the net lump-sum payment.
(2) The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies.
(b) Income withholding shall apply to current and subsequent periods of employment, if used in employment, or remuneration, once activated.
(c)(1) Any forms necessary to provide notice, affidavits, or any other matter that is required by this subchapter to enforce the payment of child support shall be devised by the State Commission on Child Support [abolished] with advice from the Administrative Office of the Courts.
(2) Upon the approval of the forms by the Chief Justice of the Supreme Court, the forms shall be used on a statewide basis in all cases requiring an order or notice of income withholding for child support.
(3) Any necessary changes in the forms shall be the responsibility of the Supreme Court.
(4) Distribution of the forms shall be the responsibility of the Administrative Office of the Courts.
(d) All judgments for past due support
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-218
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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Stable record: arkansas_code:legal_authorities:9-14-218
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e3113835deb03a686359414ffbaed97b02345c00c23638cfaceb56610f989874
Source location: content.xml paragraph 8585
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9-14-218. Income withholding — Time of taking effect generally — Forms.
(a)(1) In all decrees or orders that provide for the payment of money for the support and care of any children, the court shall include a provision directing a payor to deduct from:
(A) Money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments imposed by the court plus an additional amount of not less than twenty percent (20%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order; and
(B) Any lump-sum payment as defined in § 9-14-201, the full amount of past due support owed by the noncustodial parent not to exceed fifty percent (50%) of the net lump-sum payment.
(2) The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies.
(b) Income withholding shall apply to current and subsequent periods of employment, if used in employment, or remuneration, once activated.
(c)(1) Any forms necessary to provide notice, affidavits, or any other matter that is required by this subchapter to enforce the payment of child support shall be devised by the State Commission on Child Support [abolished] with advice from the Administrative Office of the Courts.
(2) Upon the approval of the forms by the Chief Justice of the Supreme Court, the forms shall be used on a statewide basis in all cases requiring an order or notice of income withholding for child support.
(3) Any necessary changes in the forms shall be the responsibility of the Supreme Court.
(4) Distribution of the forms shall be the responsibility of the Administrative Office of the Courts.
(d) All judgments for past due support shall include, in the same paragraph denoting the judgment amount, a statement that the amount is subject to reduction through income withholding to put third parties on notice that the amount currently owed may differ from that reflected in the judgment.
(e) In cases brought pursuant to Title IV-D of the Social Security Act, with support orders effective prior to October 1, 1989, income withholding shall take effect immediately in any child support case at the request or upon the consent of the noncustodial parent or on the date the court grants an approved request of the custodial parent brought in accordance with procedures and standards as established by the Title IV-D agency.
(f) In those cases in which a support order has been issued or modified after August 2, 1985, without the inclusion of an income withholding provision, income withholding may be initiated in accord with procedures set forth in § 9-14-221 whenever child support arrearages owed by the noncustodial parent equal the total amount of court-ordered support payable for thirty (30) days.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-14-201. Definitions.
As used in this Code:
(1)(A) “Accrued arrearage” means a delinquency that is past due and unpaid and owed under a court order or an order of an administrative process established under state law for support of any child or children.
(B) “Accrued arrearage” may include past due support that has been reduced to a judgment if the support obligation under the order has not been terminated;
(2) “Child support order” or “support order” means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, that provides for monetary support, health care, including health insurance or cash medical support, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, attorney's fees, and other relief;
(3) “Court or its representative” means the circuit court of this state or a similar district court of another state when the context so requires, a court official of the circuit court, or the state or local child support enforcement attorney operating pursuant to an agreement with the court in cases related to Title IV-D of the Social Security Act;
(4)(A) “Income” means any periodic form of payment due to an individual, regardless of the source, including wages, salaries, commissions, bonuses, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest.
(B) The definition of “income” may be expanded by the Supreme Court from time to time in Supreme Court Administrative Order Num
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-201
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 9-14-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 noti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-221
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 9-14-221. This identifies an authority to review, not proof of applicability.