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Arkansas Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Arkansas on
Q: I have permanent guardianship of my granddaughter. Can I ask for child support from one or both parents?

The presiding judge told me to talk to OCSE but there is no support order in place. And does mine or my husband's income factor in ?

T. Augustus Claus
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answered on Sep 29, 2023

Yes, you can typically ask for child support from one or both biological parents if you have permanent guardianship. The incomes of you and your spouse usually won't replace the biological parents' obligation to support their child.

2 Answers | Asked in Family Law, Social Security and Child Support for Arkansas on
Q: My Social Security check is being garnished by the State of Tennessee through The US Treasury DEPARTMENT for Back Child

Support. I now and have lived in Arkansas for over 20 years also. What can I do to challenge or even stop this Garnisment . It is $375 a month that comes directly out of my check. Thanks Kerry

James L. Arrasmith
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answered on Sep 21, 2023

To address this garnishment issue, you should contact the child support enforcement agency in Tennessee and provide documentation of your residence in Arkansas for the past 20 years. Request a review of your case to update your current state of residence, as child support orders are typically... View More

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2 Answers | Asked in Family Law, Social Security and Child Support for Arkansas on
Q: My Social Security check is being garnished by the State of Tennessee through The US Treasury DEPARTMENT for Back Child

Support. I now and have lived in Arkansas for over 20 years also. What can I do to challenge or even stop this Garnisment . It is $375 a month that comes directly out of my check. Thanks Kerry

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

The best way to stop this garnishment is to ascertain the total amount of back child support you owe from the state child support agency, pay that amount, and then file an application to discontinue the garnishment order.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Arkansas on
Q: Judge court ordered father to amend birth certificate.he did not so how can he still receive child support payments
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

Typically child support obligations are not conditionally tied to other obligations of a parent. The child support obligation to the father is independent of the father's obligation to amend the birth certificate.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arkansas on
Q: how can a judge give all my rights away without a court date

got a complaint on paternity and judgement of paternity

Don Spears
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answered on Apr 14, 2021

Insufficient amount of information to formulate an answer.

1 Answer | Asked in Child Support for Arkansas on
Q: I was separated for 27mo before our divorce was final and child support set. Through that time my ex husband provided n

Support for our daughter. Can i sue for support for those 2 plus yrs?

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 9, 2020

In general, no. If you did not ask for past care and support at the time of the divorce when the child support order was put in place, you cannot go back and ask for it now. I would recommend you seek out the services of a family law attorney if there are other circumstances that might that might... View More

1 Answer | Asked in Child Support and Divorce for Arkansas on
Q: Can spouse open a child support case against the other spouse, while married in the state of Arkansas?

I was looking over my child support payments, no balance. And I always wondered if it is possible to open a child support case while married. My ex-wife opened this case in 2009 but we were divorced in 2010, so I always wondered how was that even possible to open a case while married.

Don Spears
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answered on May 25, 2020

If she was drawing support from the state they can bring an action.

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
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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
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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.... View 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
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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...
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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... View 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,...
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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...
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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... View 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
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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
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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
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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?

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