Arkansas Child Support Questions & Answers

Q: A judge court ordered the visitation, but my ex is not letting me see my kids on my weekend. Is this contempt?

1 Answer | Asked in Divorce, Child Custody and Child Support for Arkansas on
Answered on Jan 6, 2019
Stewart Whaley's answer
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 from seeing the child. Since she’s withholding visitation, you would basically ask for a hearing to make her explain why she’s not in contempt for violating the court order.

Q: Is it illegal to give someone a phone against their parents will but for the phone to be a gift to the person.

1 Answer | Asked in Family Law and Child Support for Arkansas on
Answered on Dec 23, 2018
Stewart Whaley's answer
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?

Q: I have back child support that I shouldn't have

1 Answer | Asked in Child Support for Arkansas on
Answered on Dec 22, 2018
Stewart Whaley's answer
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.

Q: My daughter already lives with me and I still pay child support to her mom. Can I get full custody of her?

1 Answer | Asked in Child Custody and Child Support for Arkansas on
Answered on Oct 31, 2018
Stewart Whaley's answer
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 attorney.

If you have not been adjudicated the father, you have the same parental rights I have. None. Even if you are giving money to mom out of kindness, sense of duty, etc., it is not "child...

Q: Is it legal for my husband to sign parental rights away of our infant son in Arkansas if we both agree?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arkansas on
Answered on Sep 18, 2018
Stewart Whaley's answer
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 would terminate his duty of child support because he would no longer be a parent.

Contact an attorney.

Q: Fiancee never misses a CS payment, yet we can barely financially survive. What do we do?

1 Answer | Asked in Family Law and Child Support for Arkansas on
Answered on Aug 26, 2018
Stewart Whaley's answer
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.

Might be, might not.

A reviewing attorney will have a lot more information, look for issues you could be missing or don't realize are important.

Q: Can my husband have his parent rights terminated after 7 years no contact or child support?

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Arkansas on
Answered on Jul 20, 2018
James E Hensley Jr's answer
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

Q: Never met this child or have anything to do with it, I have two children that live with me, can I avoid CS?

1 Answer | Asked in Child Support for Arkansas on
Answered on Jun 12, 2018
Stewart Whaley's answer
If paternity is established (DNA test, for example), you are paying support whether you've met the child or not.

Q: Can I put the real father on childsupport if I'm married but not with my husband

1 Answer | Asked in Child Support for Arkansas on
Answered on May 13, 2018
Stewart Whaley's answer
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.

Q: Can child support be stopped if the child has turned 18, moved into her own house, but is still in school?

1 Answer | Asked in Family Law and Child Support for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
Moving into her own house doesn't change anything.

If 18 and "school" means high school then you will continue paying, see § 9-14-237(a)(1)(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;"

If 18 and "school" means any form of higher education AFTER high school, support automatically terminates as a matter of law....

Q: I been trying to see my daughter and take care of her but her mother won’t let me since I’ve moved on with my life

1 Answer | Asked in Child Custody and Child Support for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
If paternity has been established (if not, it will be by the time you are paying child support) you can petition the court for visitation. You'll need to prove several factors, including: you are a fit parent, can care for and nurture the child, provide financial support, etc.

Q: Can a ncp agree to sign over rights and not have to pay back child support in Arkansas?

1 Answer | Asked in Adoption, Child Custody and Child Support for Arkansas on
Answered on Mar 19, 2018
James E Hensley Jr's answer
This can be done with a single-parent adoption. It sounds odd but what you do is adopt your own child. This gets rid of the father and his rights. If the father will sign all the documents, we can get this done a few weeks. Fees are between $3ooo and $5ooo depending on what is needed.

It will not get rid of any support he owes but OCSE will not try to enforce any support obligation once the case is finished.

Jim Hensley

Q: My ex lIves in Texas and I live here in Arkansas, I have a two month old baby who was born here in this state. Now he

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arkansas on
Answered on Dec 26, 2017
James E Hensley Jr's answer
It's always complicated when you are being mistreated by the man who should love you and the baby with no conditions. I can only answer some of your questions because the answer depends on a lot of things. Let's see if we can help a bit.

If the child has lived in Arkansas for the last six months then Arkansas has jurisdiction over the case. Any case being filed regarding the child has to be in Arkansas even now. You are smart to get legal help. If you are not married to the father...

Q: If I apply for services to receive child support, will the father be made aware of our home address?

1 Answer | Asked in Child Support, Domestic Violence and Family Law for Arkansas on
Answered on Nov 4, 2017
James E Hensley Jr's answer
Call the Office of Child Support Enforcement in the County where you live. Tell them your concerns. They will help you. Realize though that if you start collecting support he is entitled to visit the child. You might cause yourself a lot of trouble. In some states, you can terminate his rights because he has not seen or supported the child in several years. One more concern: he is the father. You had a child with him. By law, he and the child are entitled to have a relationship. If you...

Q: Do I have the right to receive my own child support money if I'm over 18 and my dad owes back pay?

1 Answer | Asked in Child Support for Arkansas on
Answered on Aug 3, 2017
Skye Martin's answer
No, it would go to the custodial parent. If the custodial parent was on public assistance during the time in question then the state may also have a claim.

Q: If I'm playing child support for my child, what rights do I have to him ñ? he is 7 yrs old

1 Answer | Asked in Family Law, Child Custody and Child Support for Arkansas on
Answered on Aug 3, 2017
Skye Martin's answer
You need to petition for visitation and/or a shared custody arrangement. Paying child support doesn't give you visitation rights. I would suggest contacting an attorney to go over your options.

Q: My grandchildren were removed by dcfs and place with us and my daughter gave us full custody can we adopt now

1 Answer | Asked in Adoption, Child Custody and Child Support for Arkansas on
Answered on Jun 29, 2017
James E Hensley Jr's answer
Thank you for your inquiry. There are a few procedural issues we will need to consider but this is a good time to begin the adoption. Costs are around $4000. Let me know how I might help.

Jim Hensley

501.766.2770

Q: Served with child support .should I go in front of a judge or just sign the agreement with the case worker?

1 Answer | Asked in Child Support for Arkansas on
Answered on May 22, 2017
Brandon M Haubert's answer
If you want to counterclaim for visitation, you should. If you net 430 and have 2 children you should pay 135 a week in child support. Do you have any other child support you are paying? If so, that may lower it.

Q: I am wanting to file for divorce, but I moved home with my kids to Arkansas and he still lives in Oklahoma.

1 Answer | Asked in Child Custody, Child Support and Divorce for Arkansas on
Answered on Mar 15, 2017
Stefan K. McBride's answer
You can file for divorce in Arkansas after living here 60 days, but Arkansas will not have jurisdiction over the children until you have lived here for six months.

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