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Arkansas Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Arkansas on
Q: Can someone be charged with child support if there are allegations that the child is not yours biologically?

My fiance was just served with a summons regarding child support that was on a child that might not be his. I am just wondering if we can prove that he is not the father, can she still charge him with child support.

Stewart Whaley
Stewart Whaley answered on Feb 5, 2020

he needs to request a court-ordered paternity test performed as part of the child support action. If it excludes him from being the father, he will be fine. Of course, if it does not, he will be adjudicated the father and owe support.

1 Answer | Asked in Child Support for Arkansas on
Q: Can you have a warrant for not paying child support fees only?
Stewart Whaley
Stewart Whaley answered on Jan 15, 2020

Yes. Depending on the facts, the parent can face a misdemeanor or felony. Ask the judge for a body attachment (civil warrant) and they often "find" extra money after being hauled before a judge that explains they are about to spend a some time in jail.

1 Answer | Asked in Child Support and Criminal Law for Arkansas on
Q: My passport is suspended due to past child support. Can I still go on a cruise with birth certificate and ID ?

I found out a month ago that my ex has reopened the child support. It retroactively went to 2014. I am $16,000 behind. Passport is suspended. I have a cruise booked for Dec 4-7. I have called several places about it. And no one seems to know the answer but tells me they think I should be good.... Read more »

James E Hensley Jr
James E Hensley Jr answered on Oct 31, 2019

Copy this link to your browser. Lots of good information.

https://www.acf.hhs.gov/css/resource/overview-of-the-passport-denial-program

I do not believe you will be able to leave or return with the passport suspended. If the Federal Office of Child Support Enforcement (OCSE)...
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1 Answer | Asked in Child Custody, Child Support, Family Law and Immigration Law for Arkansas on
Q: How can i prevent kids father of taking kids out of country he has custody of one and i have custody of the other

Their father already took kids to border and left with his family for 8 months.. I want to prevent this as well as reverse custody of my other child back to me..

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Oct 15, 2019

Madam,

I am not a family law attorney neither authorized to practice law in your state but you need to contact a family attorney in your area ASAP regarding this matter or if you don't have the means to afford an attorney you can contact legal aid and see if you qualified for their...
Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Arkansas on
Q: Can I file an emergency custody order while being married? He resides in Tennessee and my daughter and I reside inArkan

We have split time with her for the summer there isn't any legal agreement or divorce proceedings filed. School is about to start as I will have her during the week per verbal agreement. I received Medicaid and arkids for my daughter and I are the state is now requiring I file for child support... Read more »

Patrick R. Lee
Patrick R. Lee answered on Aug 13, 2019

It sounds like you need to get divorced and get a custody/support order in place.

There are some potential issues with jurisdiction because she spends what looks like equal time in both states, but regardless, this is an issue you probably need to get in front of an attorney to figure out...
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1 Answer | Asked in Child Support for Arkansas on
Q: My son is over 18 and dosent want the back child support. What can we do

I've been dealing with physical pain and haven't been able to work and my son dosent want me in jail

Patrick R. Lee
Patrick R. Lee answered on Aug 6, 2019

Support is paid to the child's primary custodian, and is owed to that person for financially supporting the child. Your son wouldn't be entitled to the back child support, his primary custodian would.

If your son was receiving benefits through some government assistance program, it's...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Arkansas on
Q: How do I know if my fiancé signed away his rights to his child. Arkansas

The custudy papers say the mother gets sole legal and physical custudy. It also states that his signature could be used in a single parent adoption he does pay child support.

Patrick R. Lee
Patrick R. Lee answered on Aug 5, 2019

Unless his parental rights have specifically been terminated, he can probably still go back to court and prove a material change which would warrant him getting some visitation.

It depends on the specific language in the last custody order. If he wants to have visitation with the child, he...
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1 Answer | Asked in Child Support for Arkansas on
Q: If the mother is threatening to try to raise child support, but she just lost custody of her two little ones, can she?

She just went to court and lost custody of her two youngest children to her husband due to not passing urine or hair folicle test, and is now threatening to take me to court to raise my child support, can she do that?

Patrick R. Lee
Patrick R. Lee answered on Jul 18, 2019

If the two children you're talking about are not your children, these issues are probably not related.

Are there other kids which you pay her support for? A change in a support obligation requires a material change in circumstances. Without knowing more, I cannot tell you whether she has...
Read more »

1 Answer | Asked in Family Law and Child Support for Arkansas on
Q: Arkansas statue of limitations on arreage debt?
Patrick R. Lee
Patrick R. Lee answered on Jul 17, 2019

If its a debt based on written contract, the statute of limitations is three years from the date of breach. I'd have to know more about the circumstances to know for certain when the statute runs.

1 Answer | Asked in Child Custody and Child Support for Arkansas on
Q: Me and my husband are legally married but have not lived together in 7years and I have court order child support for are

2 kids can my husband leave state with one of are two kids without permission and no interest in bring the child back

Patrick R. Lee
Patrick R. Lee answered on Jul 17, 2019

You and your husband both have a constitutional right to access to the children until a court orders otherwise. If you think your husband is about to leave the state with one of your kids and never come back, you probably need to get something filed to prohibit him from doing that. I would... Read more »

1 Answer | Asked in Child Support for Arkansas on
Q: If my ex husband owes back child support and son turns 18 and graduated what happens to the back child support?

He hasn’t payed it in years.

Stewart Whaley
Stewart Whaley answered on Jul 7, 2019

He still owes that back child support. It is due to your son. You son can bring an action to enforce the payments, assuming dad has anything.

1 Answer | Asked in Divorce, Child Custody and Child Support for Arkansas on
Q: A judge court ordered the visitation, but my ex is not letting me see my kids on my weekend. Is this contempt?

How do I proceed to take action? I do owe back pay due to incarceration, we court ordered every other weekend to have kids. She had em weekend before so it’s my weekend. She stating just cause she didn’t receive child support payment that I’m not getting kids on my weekend?

Stewart Whaley
Stewart Whaley answered on Jan 6, 2019

She is violating the visitation order.

Visitation and child support are separate. That is, she had no right to stop visitation because you aren’t paying. Only the judge can modify the visitation.

She needs to go through the court/OCSE to address child support, not keep you...
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1 Answer | Asked in Family Law and Child Support for Arkansas on
Q: Is it illegal to give someone a phone against their parents will but for the phone to be a gift to the person.

As long as you pay for the phone can the parents of the one it was given to take it away. If they make the kid go with little food and don’t let them out to go anywhere but to school and if they mentally abuse the kid

Stewart Whaley
Stewart Whaley answered on Dec 23, 2018

illegal? No.

If the parents take it, what exactly would you want to happen?

If the child is being starved and mentally abused, why not use the phone to call DHS?

1 Answer | Asked in Child Support for Arkansas on
Q: I have back child support that I shouldn't have

We got a divorce and the got back together and had the judge sign a paper that stopped it. But no one can find it and she told them we didn't so I have 32000 that shouldn't be there

Stewart Whaley
Stewart Whaley answered on Dec 22, 2018

Without real proof that the modification occurred, you are going to be held responsible for the support amount.

If the judge signed an order it should've been filed. if there was a hearing there may be a transcript.

1 Answer | Asked in Child Custody and Child Support for Arkansas on
Q: My daughter already lives with me and I still pay child support to her mom. Can I get full custody of her?

I have no rights. Her will not cooperate with me.

Stewart Whaley
Stewart Whaley answered on Oct 31, 2018

There isn't enough information given.

What do you mean by "pay child support?"

If you are the legal father and paying support (through an OCSE paternity action, court ordered child support from a divorce, etc.) you need to determine your custody/visitation situation. Talk to an...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arkansas on
Q: Is it legal for my husband to sign parental rights away of our infant son in Arkansas if we both agree?

My husband and I are currently separated, and looking to divorce. We have no assets to divide, however, We do have a four month old son together. He believes that if he signs his rights away that he will not have to provide child support for our child, and be free of his parental responsibilities.... Read more »

Stewart Whaley
Stewart Whaley answered on Sep 18, 2018

He doesn't understand the subject. If "signing away rights to avoid child support" was that simple, millions of dirtbags would do it.

It IS possible for a parent's child support obligation to terminate, but the situations are quite specific. For example, someone else adopting the child...
Read more »

1 Answer | Asked in Family Law and Child Support for Arkansas on
Q: Fiancee never misses a CS payment, yet we can barely financially survive. What do we do?

Fiancee pays CS for his 2 younger children. He also has a child (separate from others) that lives in the home that is a dependent whom is 17. After paying CS, there is hardly anything left for the dependent living with him. So now shes suffering. Will the courts take that into consideration with a... Read more »

Stewart Whaley
Stewart Whaley answered on Aug 26, 2018

When child support was set, did dad make sure OCSE was aware of the older dependent?

Whether the mother has a job or not, dad still owes support for minor children.

Not an accountant, but grandmother can collect tax credit, IF she meets several tax code requirements....
Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Arkansas on
Q: Can my husband have his parent rights terminated after 7 years no contact or child support?

My husband has been served paperwork. His ex-girlfriend's husband wants to adopt his biological daughter. The paper work says that he was classified as abandonment because he has not spoken with his daughter or paid child support in over 7 years. He has tried to see his daughter many times... Read more »

James E Hensley Jr
James E Hensley Jr answered on Jul 20, 2018

Get a real lawyer. You should not have to wait 3 weeks. Your husband will have some trouble but the mother will have some real trouble saying dad abandoned the child.

Jim Hensley

1 Answer | Asked in Child Support for Arkansas on
Q: Never met this child or have anything to do with it, I have two children that live with me, can I avoid CS?

I have two children with my spouse and someone e is saying that theirs is mine,if it is, I don't know this child, can I about the CS? I don't have the income to pay CS and support my actual family.

Stewart Whaley
Stewart Whaley answered on Jun 12, 2018

If paternity is established (DNA test, for example), you are paying support whether you've met the child or not.

1 Answer | Asked in Child Support for Arkansas on
Q: Can I put the real father on childsupport if I'm married but not with my husband
Stewart Whaley
Stewart Whaley answered on May 13, 2018

The question is a bit unclear. If the child was born while you were married, your husband is presumed the father.

However, it is possible to establish that the other man is the father's child and establish child support.

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