Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Arkansas State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 26 offices A3. With what types of agencies do you have cooperative agreements? None A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Yes. A4.1. If yes, what is the statutory citation? Ark. Code Ann. § 9-14-210 (e)(2) For Additional Information - http://www.arkleg.state.ar.us/assembly/ArkansasCode/9/9-14-210.htm A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No A4.3. If yes, please explain. N/A B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 3/12/1993 B2. What is the effective date of your State's UIFSA? 3/12/1993 B3. What is the statutory citation for your State's Act? Ark. Code Ann. § 9-17-101 et. seq. For Additional Information - http://www.arkleg.state.ar.us/assembly/ArkansasCode/9/9-17-101.htm B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 1996 B4.1. If your state has implemented the 2001 version, when was it implemented? N/A B5. Optional comments regarding your State's UIFSA. N/A C. Reciprocity C1. With what foreign countries does your State reciprocate? Canada, United Kingdom, Ireland, Germany, Poland C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services. Not applicable D. Age of Majority D1. What is the age of majority in your State? 18 unless the child is still attending high school. 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 19 years of age, whichever is earlier. D2. What is the statutory citation for the age of majority? Ark. Code Anno. § 9-14-237 For Additional Information - http://www.arkleg.state.ar.us/assembly/ArkansasCode/9/9-14-237.htm D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. Same as D1 D4. Does the date of the order impact what law is applied? No D4.1. If yes, please explain. N/A D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. N/A D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. If the court order specifically extends the support for a child beyond age 18. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? Yes D7.1. If yes, please describe the procedure. The child support amount shall be automatically reduced for the remaining children in a support order when the support amount for one child ends. The support amount must be recalculated based on the most recent version of the Family Support Chart. Administrative Rule 10 requires that net income be applied to the chart when determining the amount. If the NCP's income amount is not listed in the current support order or cannot be determined based on a review of the order, the new support amount must be determined by the court. If the most recent order was entered prior to the adoption of the chart or if the court deviated from the chart when setting the amount of support, the new support amount will be decided by a court. (Ark. Code Ann. § 9-14-237) E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? Arrears reduced to a court judgment are always collectible. Arrears that are a judgment by operation of law are only collectible until the child turns 23. E2. What is your State's statute of limitations for paternity establishment? None For Additional Information - No Link Provided E3. Is dormancy revival/renewal possible? Yes E3.1. Please explain the circumstances when possible, and the length of time possible. Judgments are automatically renewed for 10 years everytime there is a payment. If there is no collection made in 10 years, renewal is accomplished by Judicial process. F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Percentage of Income Model. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? 10% F2.1. If yes, please indicate the amount of interest charged and any related conditions. State law provides for 10% per annum. Interest should be reduced to a judgment by a court or a sum certain indicated by the other state. F3. Does your State charge interest on retroactive support? No F3.1. If yes, please indicate the amount of interest charged and any related conditions. None F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. 10% For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? No F5.1. If yes, under what circumstances? Depends on the language in the support order. Generally, no enforcement of 50% of the uninsured portion. F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? Yes F6.1. If yes, what costs are recovered from/fees charged to the obligee? Application Fee per NCP.....$25.00. The application fee shall be a flat fee that will be paid by the applicant at the time the application of assistance is submitted. The application fee is nonrefundable. The following fees are charged to the Obligee: BASE COST (includes overhead costs and activities other than legal services)........................... $ 18.00 INITIATION OF COURT ACTION ......... $80.00 Assessed when complaint, motion or petition with summons, order and citation, affidavit and arrest warrant or notice/order of hearing is prepared and forwarded to the clerk for processing in all cases (separate maintenance, paternity, interstate, criminal nonsupport and contempt). COMPLETION OF COURT ACTION A. Out-of-Court Settlement...........$100.00 Assessed when the initiated court action is resolved prior to court appearance in all cases. B. In-Court Settlement...............$150.00 Assessed when the initiated court action is resolved at the court appearance without trial. C. Trial............................$250.00 Assessed when the initiated court action is resolved by the court after hearing is held. F6.2. What costs are recovered from/fees charged to the obligor? The Obligor is charged an administrative fee of $36 per year on the anniversary of the entry of the court order. Any fee or cost for services generated because of either a breach by the noncustodial parent of an agreement or of an order of the court shall be incorporated into the request for relief and reduced to a judgment in favor of and payable to the Office of Child Support Enforcement. (A.C.A 9-14-212) F7. Does your State recover costs on behalf of the initiating State? Yes F7.1. Optional comments regarding recovering of initiating State's fees. N/A F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. Ark. Code Ann. § 9-17-201 For Additional Information - http://www.arkleg.state.ar.us/assembly/ArkansasCode/9/9-17-201.htm F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? Spousal support orders are enforced if part of a child support order. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. N/A F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? The fee if paid from base cost fees already charged to the custodial parent or paid from state funds. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? No. F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? Yes - see above. F11.3. Does your State collect the fee from the absent parent? No. F11.4. Does your State pay the fee out of its own funds? For Medicaid cases. F12. When will your State implement the required DRA limited-assignment provision? October 1, 2009 F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? No F13.1. If yes, provide the date. F14. Will your State participate in the pass through in Former Assistance cases? No F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? No F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? N/A F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PRWORA Distribution rules will be followed. F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? Under Arkansas law, ACA 9-14-234), the physical custodian is responsible for giving notice tothe clerk of the court that child support payments should be redirected. AR OCSE cannot provide assistance to the physical custodian in this matter. F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? Same as above. F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? Same as above. F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? From fees already collected from the custodial parent. If fees have not been collected from the custodial parent, the state pays the $25 annual fee. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Withholding G2. What specific source of income is not subject to withholding? SSI For Additional Information - http://courts.state.ar.us/opinions/2002a/20020131/admin_order10.html G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits? N/A G4. What is the allowable fee per pay period for processing income withholding payments? $2.50 per withholding For Additional Information - No Link Provided G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? 14 days after the date the notice was mailed. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Payments are to be made at same time the noncustodial parent is paid. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Employers who refuse to withhold and transmit payments can be held liable by the court for the amount that should have been withheld. G8. What is the penalty to an employer for failure to remit payments withheld? None G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. N/A G9.2. Optional comments regarding direct withholding of UI benefits across state lines. Direct income withholding from UIB is not allowed under Arkansas law. States must submit an UIFSA packet and request income withholding from UIB. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? No G10.1. Optional comments regarding direct withholding of WC benefits across State lines. N/A G11. How does an obligor contest income withholding in your State? The NCP's only grounds to contest the withholding is that the person who received the notice was not the person obligated to pay support, the arrears are incorrect, or the current support amount is incorrect. The NCP receives an Income Withholding Claim Form to complete and return within 10 days if he or she wants to contest withholding. The NCP must prove that the arrears are less than an amount equal to 30 days of support. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). A withholding order for child support issued in Arkansas has priority over all other withholding orders. G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. Ark. Code Ann. § 9-14-228 For Additional Information - http://www.arkleg.state.ar.us/assembly/ArkansasCode/9/9-14-228.htm G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Federal and state taxes, FICA, Rail Road Retirement, and medical insurance premiums may be deducted to arrive at net pay amount. G14. When does your state require the employer to send notice of an employee's termination? Immediately For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? At the employer's discretion. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? Yes. OCSE Web Pay was created as a virtual gateway to the AR OCSE. This system helps both parents and employers by providing instant access to child support records. OCSE Web Pay also offers a secure method to submit support payments using a credit card or electronic check. Go to www.childsupport.arkansas.gov. G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Employer For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Child support is to be paid first. For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain. Generally no. The court may address those if properly presented by the custodial parent or the noncustodial parent. H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 95% For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. N/A H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 4/10/1995 H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. N/A H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? When parties to a marriage are competent to give testimony concerning the paternity of a child born of marriage. H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No H6.1. If no, briefly explain. A paternity acknowledgment which results in a putative father's name being placed on the birth certificate is a legal establishment of paternity. However, upon a showing of fraud, duress, or material mistake of fact, the father may obtain a court order for genetic testing at any time during the period he is required to pay child support. If the genetic testing excludes paternity, the finding of paternity and any child support arrearage are vacated. For Additional Information - No Link Provided H7. Does your State have any other paternity-related presumptions? No   H7.1. If yes, briefly explain. N/A For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? Yes   H8.1. If yes, what is the name of that entity? Arkansas Department of Health H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. None. H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. N/A For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? N/A H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) The custodial parent is not required to appear in person if the petition was filed pursuant to UIFSA, and teleconferencing is available. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. Ark. Code Ann. § 9-17-201 For Additional Information - http://www.arkleg.state.ar.us/assembly/ArkansasCode/9/9-17-201.htm H13. Does your State recover genetic testing costs for other States? Yes H13.1. If so, please explain. A state must request reimbursement on Transmittal #1. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Court order OR Acknowledgment of Paternity signed after 4/10/95. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? 4/10/95 H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One packet/separate paternity affidavits. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Arkansas is strictly a Judicial State. I1.1. If your State can establish under both, under what circumstances would the administrative process be used? N/A I1.2. Under what circumstances would the judicial process be used? N/A I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. N/A For Additional Information - No Link Provided I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) Only NCP's income is considered. For Additional Information - No Link Provided I3. What criteria for rebutting your presumptive guidelines have been established in your State? Judges have discretion to deviate from the chart, but must list their reasons on the record or in the order. For Additional Information - No Link Provided I4. Will your State establish support orders for prior periods? Yes   I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? Only at the time paternity is established. The guidelines are used to determine the amount of support, back to birth of child or a period within the court's discretion. I4.2. What information or documentation does your State require to proceed? Need proof of income for the period in question. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? No I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. Establishment of child support for a prior period is within the sole discretion of the court. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? Acknowledgment of paternity, license suspension, federal and state tax offset, liens on assets in financial institutions, liens on insurance claims. For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? Ark. Code Ann. § 9-10-120 For Additional Information - http://www.arkleg.state.ar.us/assembly/ArkansasCode/8/9-10-120.htm I7. Is there a local State law that allows an interstate administrative subpoena? No For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No. If a court order exists, payments must be re-directed to the physical custodian. AR OCSE does not take this action on behalf of the parties. I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? If the order is silent, an establishment; if the order states that child support is $0, a modification. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative J2. Is the lien process in your State judicial, administrative or both? Judicial J2.1. What are the trigger criteria for filing a lien? Any arrearage balance by operation of law For Additional Information - No Link Provided J2.2. Where are your State liens filed? County J2.3. Does your State charge a fee for filing a lien? Yes J2.4. If yes, please indicate the amount. $35 filing fee J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Both J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? When case becomes delinquent J4.2. Does your State's income withholding definition includes amounts in financial institutions? No For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? No J4.3.1 If yes, who notifies the NCP, the State or financial institution? N/A  J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? N/A  J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? Three months and/or $500 delinquent, no payments in last 60 days. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? Under AR Policy, the following criteria must be met for AR to seize assets: * The case must be an open full service case. * Arrears must be at least $500 or three months' obligation, whichever is greater. * No payment made within the last 45 days. *The noncustodial parent is not currently a TEA recipient. *The noncustodial parent is not in bankruptcy. * A Family Violence Indicator is not attached to the noncustodial parent. For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? Yes J5.3.1. If yes, please provide the time frame. 21 days J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage. N/A J5.4.2. Is the percentage different for joint accounts? J5.4.3. If yes, please define. N/A J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. No J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? N/A J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? 10 days from the date of the notice for financial institution liens; 15 days for liens against insurance company assets. For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? If the NCP disagrees with administrative hearing results, he/she has 30 days to file a petition in Chancery Court. J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? If the NCP disagrees with administrative hearing results, he/she has 30 days to file a petition in Chancery Court. J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? Mistake of fact. For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Administrative J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both? Judicial J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? Ten business days from date of notice. Request must be in writing based on mistake of fact. Non debtor has same appeal rights as obligor. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized. Not automated J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? None J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? N/A J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? Yes J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. Judicial process; foreclosure. For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? 20 days For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes   J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Worker's Compensation - Administrative J7. Please describe any other administrative enforcement procedures your State may have. None J8. Please describe any other judicial enforcement procedures your State may have. none J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? No specific procedures established. Generally, must comply with Article 4 UCC. For Additional Information - http://www.law.cornell.edu/ucc/4/overview.html J10. Which of our State's enforcement remedies are available without registration? Direct income withholding. J11. Describe your State's registration and enforcement procedures. Foreign orders are registered pursuant to UIFSA. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. After registration, all available remedies are used to enforce a foreign support order. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. Ark. Code Ann. § 16-66-601 et.seq. For Additional Information - http://www.arkleg.state.ar.us/assembly/ArkansasCode/20/16-66-601.htm J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? No J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). Transmittal #3 J15. Does your State use credit bureau reporting as an enforcement method? J15. Does your State use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your State report an obligor's child support information? TRW, Experian, TransUnion J16. Provide which credit bureaus your State report an obligor's child support information? J17. Is the method for credit bureau reporting judicial, administrative or both? J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Responding state J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? Arrears exceed $1,000 K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every three years. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Once every three years - upon request of one of the parties in non-TANF cases; automatically in TANF cases. K3. Briefly describe your State's modification procedure. State law for modification of child support orders is followed. Must show a substantial change of circumstances to warrant modification. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? There must be a change in the NCP's gross income in an amount equal to or more than 20%, or more than $100 per month. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. No K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? The custodial parent must demonstrate that there has been a substantial change of circumstances since entry of the child support order. K6. Does your State have cost of living adjustments (COLAs)? No K6.1. If so, what index does your State use? N/A K7. How does your State credit SSA disability to current and past due support? Current support first, then past due support. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. By court order only. K8.1. If yes, please explain the situation? N/A K8.2. What is the statutory citation for your abatement law? N/A For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. N/A K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Mail a request with a release from one of the parents or a court order to Vital Records H44, P.O. Box 8184, Little Rock, AR 72203-8184. Payment of $12 per acknowledgement, affidavit, or birth record must be included. The following information must be provided: Child's full name; DOB; place of birth; mother's full name, including maiden name. K9. What information is required to register an out-of-State order for enforcement/modification? Check with an attorney for the procedure to register. L. Lump Sum Payments L1. Does your State define a lump sum payment? Yes     L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? Lump-sum payment means any form of income paid to an individual at other than regular or periodic intervals; or, payment regardless of frequency that is dependent upon meeting a condition precedent, including without limitation, the performance of a contract, a job performance standard or quota, the liquidation of unused sick or vacation pay or leave, the settlement of a claim, or an award for length of service. Net lump-sum payment means the entire lump-sum payment less any amount required by law to be withheld. L1.2 Provide the statutory citation. ACA 9-14-210. For Additional Information - http://www.arkleg.state.ar.us/assembly/ArkansasCode/9/9-14-210.htm L2. Does your State law require employers to report lump sum payments? No   L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. N/A For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? N-A L4. How are employers instructed to report a pending lump sum? N/A L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. N/A L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? N/A L7. Does your State use the income withholding order to attach the lump sum payment? Yes   L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? Noted on the original order/notice. L8. Does your State use the lien/levy process to attach the lump sum payment? No   L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? N/A L9. What other documents does your State use to attach lump sum payments? Garnishment process L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No   L10.1 If yes, what are those limits? N/A For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? The employer is to withhold 50% of the net lump-sum payment up to the amount of the arrears. The employer should contact OCSE to verify the amount of arrears at the time the lump-sum is to be paid. L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No   L11.1 If yes, would the employer only withhold for that period's obligation? N/A M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No   M2.1. If yes, provide the statutory citation For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. No M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. N/A M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? Open IV-D case, arrears are $500 or more, NCP not in bankruptcy, NCP is not on TANF, no family violence indicator. M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. Yes. M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). N/A M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). N/A M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. N/A For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? Insurers are protected under Arkansas law if they respond to our request for information. M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No. We participate in the Child Support Lein Network for matching with insurance claims. For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? No. M3.1. Please provide the statutory citation. N/A For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Notice to Withhold Insurance Assets M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? The Child Support Lien Network notifies the NCP that a lien has been placed against his claim. They send a notice to the insurance company and our office at the same time. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. ACA 9-14-208 For Additional Information - No Link Provided M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. We allow 15 days for the NCP to request an administrative hearing. If no hearing is requested we will notify the insurance company to send the amount of the arrears or the amount of the NCPs share of the claim, whichever is less. For Additional Information - http://www.arkleg.state.ar.us/assembly/ArkansasCode/9/9-14-208.htm M6. Are there attorney fees associated with the insurance intercept activity? Yes. M7. How does another State initiate and intercept collections from your State Workers Compensation agency? Send a lien, Notice to Withhold, court order or divorce decree to Worker's Comp Commission P. O. Box 950; 324 Spring St. Little Rock, AR 72203-0950 The commission will accept these documents directly from a state child support agency or from the custodial parent or his/her attorney. M7.1. What is the process, the points of contact, and what forms must be completed? See above. Dedicated To Enforcing Your Support Order.
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