Arkansas child support & parenting time calculations
Child support payments are made by one divorced or separated parent to the other. The goal is to ensure you both contribute financially to your child's needs according to your abilities to pay.
You'll have to calculate support as part of a divorce or paternity case. You can apply for child support directly with the Arkansas Office of Child Support Enforcement if you don't have a divorce or paternity case.
If your child stays in high school, support is owed until they graduate or finish the school year during which they turn 19 (whichever comes first). If they've stopped attending high school, the support obligation ends when they turn 18.
The basics of calculating child support
The court will decide how much money is appropriate to meet your child's needs. The chart of basic child support obligations recommends an amount based on your combined income and how many children you have together. (If your combined income is over $30,000 per month, you're off the chart and the support amount will be up to the judge.)
Each parent must contribute the proportion they would if they were living together and pooling resources. For example, if the other parent earns $4,000 a month and you earn $1,000 a month, they're responsible for 80 percent of the basic support obligation because they earn 80 percent of the total income; you're responsible for 20 percent. They'll likely be ordered to send money to you.
Going into greater detail, the court considers who pays for your child's health insurance premiums, extraordinary medical expenses and child care expenses. This information will be used to adjust the support amount.
Parenting time isn't officially part of the calculation. However, the court is aware that many day-to-day parenting expenses fall on the parent who's with the child at that moment, so significant parenting time can make a difference.
If the parent who pays support has at least 141 overnights (or equivalent time during the day) per calendar year, the court may adjust the support amount. That's a minimum of roughly 40 percent of the parenting time — i.e., a 60/40 split. Many Arkansas parents have a schedule like this, as the court strives to order 50/50 parenting time.
Other reasons to deviate from the guidelines can include significant expenses for special education or for travel for court-ordered visitation.
Sometimes, after examining all the information, the judge decides not to order support. This arrangement can be appropriate for parents with similar incomes and equal parenting time.
How to calculate child support
To roughly estimate the support you'll pay or receive, use the Custody X Change quick calculator at the top of this page.
For a more precise estimation, use Arkansas' detailed child support calculator.
Consult the Arkansas Child Support Guidelines, known as Administrative Order 10, for more information.
How to seek child support
Arkansas circuit courts determine child support. However, if the request comes from an out-of-state parent or an out-of-state child support agency, an Arkansas tribunal may issue a temporary support order.
Even if you or the other parent live out-of-state or have a divorce or custody case out-of-state, Arkansas may handle your support case if you have a qualifying connection to the state.
As part of a family case
Soon after you open a divorce or paternity case, you'll submit court forms related to child support. To start with, you'll each fill out an Affidavit of Financial Means and exchange them. This is required so you can both prepare for the case.
The full calculation will likely wait until you know how much parenting time you'll have, as your parenting time can affect your support amount. Writing your own parenting plan and schedule can help clarify issues and speed up your case. You'll submit your affidavit and your Worksheet - Child Support when the court tells you it's time to do so.
On its own
The Arkansas Office of Child Support Enforcement (OCSE) explains how to apply for support. You can apply online or on paper. If you receive public assistance, the state may open the case for you so it can recover funds from the other parent.
OCSE won't represent either parent; it will represent the state's interest in ensuring your child is financially supported. It can help you locate a missing parent and establish paternity.
Once you have a support case, you can use OCSE MyCase to communicate with your caseworker and view and make payments.
If both of you agree on an amount
As the Arkansas guidelines are income-based, most parents are able to agree on the facts and make a straightforward calculation, finding little reason to dispute the result.
Some parents jointly propose a different amount. A judge may approve it, especially if it close to what the guidelines recommend or if there's a good reason to deviate.
A judge may also approve an agreement not to have a support order at all. However, the parents still have to fill out the child support forms to show their reasoning to the court.
To reach agreement, show proof of your income, like last year's tax forms, notices of starting or ending employment, recent pay stubs, etc. Bring receipts for your expenses too. Sharing the facts avoids some arguments.
If it's hard to speak directly with the other parent or if you struggle to compromise, try mediation. You can hire a mediator privately (see the court's directory of mediators) or seek free mediation through the court.
If you receive public assistance
If you have ever received public assistance, like Transitional Employment Assistance, the state may keep some of the child support the other parent pays you.
If you're struggling to pay child support
If you're having trouble meeting your obligation, speak to your support worker to let them know you're trying. They may help you make a plan.
Moving away won't help you avoid paying support. Arkansas can work with agencies outside the state and even outside the US, as well as with Native American tribes, to enforce collection.
A parent who falls behind on payments will owe interest and attorney's fees and costs. They may be subject to income withholding, property liens, license suspension or loss of tax refunds. Their failure to pay support for over a year can be seen as neglect. If they're deemed neglectful, their parental rights may be terminated if the other parent's spouse wants to adopt the child.
Changing a support order
If recalculating based on the current guidelines would change your support order by at least 20 percent, you can request a review at any time. Be prepared to show proof of your income and expenses, especially if either of you are disputing a fact.
You can also request a review once every three years. If three years have passed, you don't have to cite how the recalculation might change your order.
Receiving a second support order for a different child isn't a valid reason to modify your first order. The court will carefully choose the amount of the new order to ensure that your total payment for both children is feasible and fair.
The Arkansas Department of Finance and Administration explains more about changing an order.
Calculating parenting time accurately
Parenting time can be an important factor in Arkansas child support calculations.
Lawyers (and even the court) usually estimate a parent's number of overnights because manually calculating is tedious.
But estimating can affect your support order by thousands of dollars a year. The Custody X Change app lets you quickly and accurately calculate your exact overnights.
Don't merely guess at your parenting time. Calculate it exactly to get a fair child support payment.