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Arkansas Child Support Questions & Answers

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 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 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 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 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...
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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 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...
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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 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....
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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 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 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 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.

1 Answer | Asked in Family Law and Child Support for Arkansas on

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

Stewart Whaley answered on Apr 14, 2018

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...
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1 Answer | Asked in Child Custody and Child Support for Arkansas on

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

And gotten married my daughter turned a year in March and I couldn’t see her or talk to her because of her mother I have messages in my phone that she sent saying my daughter won’t be in my life anymore now she sent child support papers in the mail but won’t give me a chance to see it take... Read more »

Stewart Whaley answered on Apr 14, 2018

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.

1 Answer | Asked in Adoption, Child Custody and Child Support for Arkansas on

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

My youngest son's dad just spent 65 days in jail due to non payment of child support. Within a few days of him getting out he contacted a family friend and wanted to get ahold of me And asked if I agreed to drop all back child support he would sign over rights to my son. Is this possible and what... Read more »

James E Hensley Jr answered on Mar 19, 2018

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.... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arkansas on

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

Wants to take my son away from me and take him to Texas with him, I want to stop answering his messages but he says I could get in trouble if I do, is that true,? What can I do to keep him away from us,? My son has my last name, I left him because he treat me bad during my pregnancy until I left... Read more »

James E Hensley Jr answered on Dec 26, 2017

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...
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1 Answer | Asked in Child Support, Domestic Violence and Family Law for Arkansas on

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

He became abusive and threatened me after I found out I was pregnant. When I left, he told me that he wanted nothing to do with the baby but if I ever filed for child support, he would come after me and take our son. Son is now 3 years old, and I could really use the help as I'm going to college... Read more »

James E Hensley Jr answered on Nov 4, 2017

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... Read more »

1 Answer | Asked in Child Support for Arkansas on

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

Skye Martin answered on Aug 3, 2017

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Arkansas on

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

His mother has my number blocked when I want to call n talk to him I can't cuz I can't get in touch with his mother

Skye Martin answered on Aug 3, 2017

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.

1 Answer | Asked in Adoption, Child Custody and Child Support for Arkansas on

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

My daughter only wanted dcfs out of the way so she could still visit and her rights not be terminated

James E Hensley Jr answered on Jun 29, 2017

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


1 Answer | Asked in Child Support for Arkansas on

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

Payment would be 135 weekly I make 430 net weekly. I pay 225 rent weekly in a motel.

Brandon M Haubert answered on May 22, 2017

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.

1 Answer | Asked in Child Custody, Child Support and Divorce for Arkansas on

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

Will I have to file in Oklahoma?

Stefan K. McBride answered on Mar 15, 2017

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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