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9-14-240. Expiration of income withholding.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-14-240. Expiration of income withholding.
(a)(1) Income withholding for child support shall terminate by operation of law when one (1) of the conditions set out in § 9-14-237(a) is met.
(2) However, in no event shall income withholding for child support terminate:
(A) When a current child support obligation exists; or
(B) When a child support arrearage exists, until such time as the arrearage has been satisfied.
(b)(1) If there are no child support arrearages, the obligor may terminate income withholding for child support without petitioning the court by giving written notice, in person or by certified mail, to the obligor's employer, the custodial parent or physical custodian, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, the Arkansas Child Support Clearinghouse, and the clerk of the court.
(2) The notice shall be given no earlier than thirty (30) days before the termination of the duty to pay support, and shall state:
(A) The name and address of the obligor;
(B) The name and address of the obligor's employer;
(C) That income withholding for child support will be terminated;
(D) The date of intended termination;
(E) The basis for termination of income withholding; and
(F) That the custodial parent or physical custodian, the office, or the clerk of the court has the right to file written objection to the termination.
(3) The written objection to the termination shall:
(A) Be made by certified mail to the obligor and the obligor's employer within ten (10) days after receipt of the notice of intent to terminate income withholding for child support;
(B) State that the obligor's duty to pay child support has not been fulfilled as required by court order; and
(C) Set forth th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-240
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:9-14-240
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2daa675abe10774547f384083eb8a2d5c2d5747542e7f21741179d536fb74137
Source location: content.xml paragraph 9200
Stored source content
9-14-240. Expiration of income withholding.
(a)(1) Income withholding for child support shall terminate by operation of law when one (1) of the conditions set out in § 9-14-237(a) is met.
(2) However, in no event shall income withholding for child support terminate:
(A) When a current child support obligation exists; or
(B) When a child support arrearage exists, until such time as the arrearage has been satisfied.
(b)(1) If there are no child support arrearages, the obligor may terminate income withholding for child support without petitioning the court by giving written notice, in person or by certified mail, to the obligor's employer, the custodial parent or physical custodian, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, the Arkansas Child Support Clearinghouse, and the clerk of the court.
(2) The notice shall be given no earlier than thirty (30) days before the termination of the duty to pay support, and shall state:
(A) The name and address of the obligor;
(B) The name and address of the obligor's employer;
(C) That income withholding for child support will be terminated;
(D) The date of intended termination;
(E) The basis for termination of income withholding; and
(F) That the custodial parent or physical custodian, the office, or the clerk of the court has the right to file written objection to the termination.
(3) The written objection to the termination shall:
(A) Be made by certified mail to the obligor and the obligor's employer within ten (10) days after receipt of the notice of intent to terminate income withholding for child support;
(B) State that the obligor's duty to pay child support has not been fulfilled as required by court order; and
(C) Set forth the reasons for nonfulfillment.
(4) If a written objection is filed as provided in this section, then income withholding for child support shall continue until such time as an order is entered that terminates, alters, or amends income withholding for child support.
(c)(1) Income withholding for child support may be terminated without petitioning the court by filing with the clerk of the court and submitting to the obligor's employer an affidavit attested to by the obligor, the custodial parent or physical custodian, and the office.
(2) The affidavit shall state:
(A) The name and address of the obligor and the custodial parent or physical custodian;
(B) The name and address of the obligor's employer;
(C) The style of the court case and number;
(D) That one (1) of the conditions set forth in § 9-14-237(a) has been met;
(E) The date that income withholding for child support shall terminate;
(F) That there are no child support arrearages; and
(G) That the office by its agent, designee, or contractor, whose name and address is provided, has determined that no debt to the state is owing in the cause based on an assignment of rights under §§ 9-14-109 and 20-77-109.
(d)(1) In any action to reinstate income withholding for child support, and when the court determines that income withholding for child support was wrongly terminated pursuant to subsection (b) or subsection (c) of this section, the court shall award costs and a minimum of ten percent (10%) of the support amount due as attorney's fees to the prevailing party.
(2)(A) If the custodial parent or physical custodian, the office, or the clerk of the court objects to the termination of income withholding for child support and a petition is filed for an order terminating income withholding for child support and the obligor prevails, the court may award attorney's fees and costs to the obligor.
(B) However, there shall be no award for attorney's fees and costs against the office or the clerk of the court.
(e) Notices of intent to terminate income withholding for child support filed by the obligor, and any written objection filed by the custodial parent or physical custodian, the office, or the clerk of the court, shall be executed under penalty for false swearing.
(f)(1) If a court determines that the amount withheld for child support exceeded the obligor's child support obligation, the obligor shall be entitled to reimbursement.
(2) The court may order the custodial parent or physical custodian to repay the excess amounts withheld and may refer to the family support chart to fix a schedule of repayments.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-109. Medicaid assistance for children — Effect on child support.
(a) By accepting Medicaid assistance for or on behalf of a child, the recipient thereof shall be deemed to have assigned to the Office of Child Support Enforcement and any appropriate division of the Department of Human Services any rights to medical support, and for collection and distribution under Title IV-D of the Social Security Act, any rights to child support from any other person as the recipient may have:
(1) In his or her own behalf or in behalf of any other family member for whom the recipient is receiving assistance; and
(2) Accrued at the time the assistance, or any portion thereof, is accepted.
(b) The recipient shall have the right to revoke the assignment for the collection and distribution of child support by requesting revocation of the assignment in writing. However, a revocation shall not affect the requirements of § 20-77-307.
(c) Support rights assigned to the department under this section 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.
(d) The appropriate division of the department shall give notice, in writing, to each applicant for assistance. The notice shall state that acceptance of assistance would invoke the provisions of subsection (a) of this section and result in an assignment under subsection (a) of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-109
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 20-77-109. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-109
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 9-14-109. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-14-237. Expiration of child support obligation.
(a)(1) Unless a court order for child support specifically extends child support after these circumstances, an obligor's duty to pay child support for a child shall automatically terminate by operation of law:
(A) When the child reaches eighteen (18) years of age unless the child is still attending high school;
(B) If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches nineteen (19) years of age, whichever is earlier;
(C) When the child:
(i) Is emancipated by a court of competent jurisdiction;
(ii) Marries; or
(iii) Dies;
(D) Upon the marriage of the parents of the child to each other; or
(E) Upon the entry of a final decree of adoption or an interlocutory decree of adoption that has become final under the Revised Uniform Adoption Act, § 9-9-201 et seq., and thereby relieves the obligor of all parental rights and responsibilities.
(2) However, any unpaid child support obligations owed under a judgment or in arrearage pursuant to a child support order shall be satisfied pursuant to § 9-14-235.
(b)(1) If the obligor has additional child support obligations after the duty to pay support for a child terminates, then either the obligor, custodial parent, physical custodian, or the Office of Child Support Enforcement of the Revenue Division of Department of Finance and Administration, within thirty (30) days subsequent to the expiration of the ten-day period allowed for the notification as provided in subdivision (b)(5) of this section, may file a motion with a court of competent jurisdiction requesting that the court determine the amount of the child support obligation for the remaining children.
(2) The remaining oblig
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-237
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 9-14-237. This identifies an authority to review, not proof of applicability.