Arkansas

Family Law

Family Law

Section 9-14-234 – Arrearages – Finality of judgment

(a) As used in this section, “physical custodian” means a natural or adoptive parent, a guardian, or a person or agency who has or is anticipated to have custody of a child or children for more than eight (8) consecutive weeks, other than court-ordered visitation, during which there is an obligation to pay support for the child or children.
(b) Any decree, judgment, or order that contains a provision for the payment of money for the support and care of any child or children through the registry of the court or the Arkansas child support clearinghouse shall be final judgment subject to writ of garnishment or execution as to any installment or payment of money that has accrued until the time either party moves through proper motion filed with the court and served on the other party to set aside, alter, or modify the decree, judgment, or order.
(c)

(1) The court may not set aside, alter, or modify any decree, judgment, or order that has accrued unpaid support prior to the filing of the motion.
(2) However, the court may offset against future support to be paid those amounts accruing during time periods other than reasonable visitation in which the noncustodial parent had physical custody of the child with the knowledge and consent of the custodial parent.
(d)

(1) In cases brought pursuant to Title IV-D of the Social Security Act, a change in the physical custodian of a child or children, other than a party to the child support order, shall require written notice to the clerk of the court to redirect the child support to the present physical custodian when that physical custodian has or is anticipated to have custody of the child or children for more than eight (8) consecutive weeks, other than court-ordered visitation, during which there is an obligation to pay child support.
(2) Any custodial parent who leaves a child in the physical custody of a third party for more than eight (8) consecutive weeks shall be presumed to have notice of the redirection of child support payments.
(e)

(1) Notice to the clerk of the court shall:

(A) Be in writing; and
(B) Contain the following:

(i) The style of the case and the court docket number;
(ii) The names and addresses of each parent, guardian, or other caretaker;
(iii) The name of each child for whom child support is owed;
(iv) The name and address of the physical custodian along with a statement from the custodial parent or physical custodian that states that child has resided or is anticipated to reside with the physical custodian for more than eight (8) consecutive weeks other than court-ordered visitation;
(v) A statement that a parent, guardian, or other caretaker is required to file written objections within ten (10) days of the date on which he or she receives notice; and
(vi) An affidavit attesting that a copy of the notice required under subdivision (d)(1) of this section has been provided by personal service or by certified mail, restricted delivery, return receipt requested to each parent, guardian, or other caretaker, and to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
(2)

Notification is sufficient under this section if the notice is mailed to each parent, guardian, or other caretaker at:

(A) The last known address provided to the court by the parent, guardian, or other caretaker; or
(B) An address that is verified by the physical custodian or custodial parent.

(f) If no objection to the redirection of child support is filed with the clerk of the court within ten (10) days, the clerk or the Office of Child Support Enforcement clearinghouse shall redirect current child support payments to the physical custodian and so note the redirection on the payment records of the case.
(g) If an objection to redirection of child support is filed with the clerk of the court, the custodial parent, physical custodian, or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration may petition the court for an order to redirect child support payments to the physical custodian.
(h) All current child support payments shall:

(1) Follow the child or children; and
(2) Be payable to:

(A) The physical custodian; or
(B) A judicially-appointed conservator or guardian who has a legal and fiduciary duty to the custodial parent or child .
(i)

(1) The amount of accrued arrearages or overdue support to which a physical custodian is entitled shall be prorated and payable to the physical custodian for the period of actual custody of any child or children for whom support is owed.
(2) If there has been more than one (1) physical custodian, each shall be entitled to receive accrued arrearages or overdue support for the period of their custody of any child or children for whom support is owed, unless the court, for good cause shown and in the best interests of the child or children, shall find otherwise.
(j) Nothing in this section shall be construed to limit the jurisdiction of the court to proceed to enforce a decree, judgment, or order for the support of a minor child or children through contempt proceedings when the arrearage is reduced to judgment under subsection (b) of this section.

Ark. Code § 9-14-234

Amended by Act 2019, No. 904,§ 8, eff. 1/1/2020.
Amended by Act 2019, No. 904,§ 7, eff. 1/1/2020.
Acts 1989, No. 383, § 2; 1995, No. 1180, § 1; 1995, No. 1184, § 24; 1997, No. 1296, § 31