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9-14-241. Referrals for criminal prosecution.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-14-241. Referrals for criminal prosecution.
(a) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall refer to the prosecuting attorney of the appropriate judicial district for prosecution under § 5-26-401 and any other applicable criminal statute, all cases in which:
(1) The office has had enforcement responsibility for at least twelve (12) consecutive months;
(2) More than ten thousand dollars ($10,000) in child support is owed and remains unpaid; and
(3) Regular child support payments are not being received.
(b) A referral under subsection (a) of this section shall contain the following information:
(1) An affidavit signed by the custodian of the child receiving court-ordered child support payments stating:
(A) Whether or not anything of value has been received from the person obligated to make the child support payments in lieu of child support payments;
(B) Any known income sources of the person obligated to make the child support payments; and
(C) A request that the criminal offense of nonsupport be prosecuted;
(2) An affidavit from the office detailing the:
(A) Date the child support arrearage began to accrue;
(B) Name of each recipient and the amount of unpaid child support owed to each recipient; and
(C) Last known address of the person obligated to make the child support payments;
(3) A certified copy of the court order and any modifications of the court order mandating payment of child support;
(4) A certified copy of the payment history of the person obligated to make the child support payments; and
(5) A list of possible witnesses and known contact information.
(c) Within thirty (30) days of receiving a referral under this section, the prosecuting attorney wi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-241
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:9-14-241
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a7cc840c08397e29fb974caba53eee90f5db064a79808062fa37522e29820ea6
Source location: content.xml paragraph 9239
Stored source content
9-14-241. Referrals for criminal prosecution.
(a) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall refer to the prosecuting attorney of the appropriate judicial district for prosecution under § 5-26-401 and any other applicable criminal statute, all cases in which:
(1) The office has had enforcement responsibility for at least twelve (12) consecutive months;
(2) More than ten thousand dollars ($10,000) in child support is owed and remains unpaid; and
(3) Regular child support payments are not being received.
(b) A referral under subsection (a) of this section shall contain the following information:
(1) An affidavit signed by the custodian of the child receiving court-ordered child support payments stating:
(A) Whether or not anything of value has been received from the person obligated to make the child support payments in lieu of child support payments;
(B) Any known income sources of the person obligated to make the child support payments; and
(C) A request that the criminal offense of nonsupport be prosecuted;
(2) An affidavit from the office detailing the:
(A) Date the child support arrearage began to accrue;
(B) Name of each recipient and the amount of unpaid child support owed to each recipient; and
(C) Last known address of the person obligated to make the child support payments;
(3) A certified copy of the court order and any modifications of the court order mandating payment of child support;
(4) A certified copy of the payment history of the person obligated to make the child support payments; and
(5) A list of possible witnesses and known contact information.
(c) Within thirty (30) days of receiving a referral under this section, the prosecuting attorney will send the office a:
(1) Copy of the criminal information or arrest warrant if a decision to file charges has been made; or
(2) Notice of any deficiencies in the referral.
(d) Nothing in this section limits the ability of the office with respect to a case over which it has enforcement responsibility to:
(1) Refer the case for criminal prosecution if the elements of the crime of nonsupport under § 5-26-401 appear to be present; or
(2) Continue to pursue all available civil remedies in connection with the case.
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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.