Arkansas

Family Law

Family Law

Section 9-14-228 – Income withholding – Procedures for payor

(a)

(1) A payor shall withhold the amount indicated in the notice from money, income, or periodic earnings due the noncustodial parent and remit the amount in the manner set forth in the notice.
(2) Payments are to be made at the same time the noncustodial parent is paid. The payor shall identify the date of income withholding on each payment.
(3) The amount withheld, when added to the administrative fee charged by the payor, shall not exceed the maximum limit under section 303(b) of the Consumer Credit Protection Act if the payor is an employer of the noncustodial parent.
(b) A payor may combine and remit one (1) single withholding payment from several noncustodial parents so long as the payee for all payments is identical and the payment is accompanied by sufficient information to identify that portion of the payment that is attributable to each of the noncustodial parents and the date of income withholding for each payment.
(c)

(1) If there is more than one (1) notice or order for income withholding for current child support against a noncustodial parent and the total amount requested exceeds the limits imposed under the Consumer Credit Protection Act, the payor shall make pro rata disbursements, “pro rata” being the proportionate amount each notice or order bears to the total amount due for current support under all notices and orders.
(2) If the total to be withheld for current and past due support exceeds the Consumer Credit Protection Act’s limits and if all notices and orders for current support have been satisfied, the payor shall make pro rata disbursements of the remaining amount available for disbursement for each notice or order involving past due support, “pro rata” being the proportionate amount each notice or order for past due support bears to the total amount due for past due support under all notices and orders.
(3)

(A) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall notify employers of this change from first come, first served to pro rata in the treatment of multiple income withholding notices and orders for child support.
(B) Further, the office shall take steps through public information activities to inform the public of this change.
(C) As far as practicable, the office shall consolidate multiple income withholding notices and orders involving the same payor and noncustodial parent through issuance of a single notice to the payor under the notification procedures set out under § 9-14-222, delineating the amounts of pro rata disbursements to be made by the payor in Title IV-D cases.
(d) The payor shall implement withholding no later than the first pay period that occurs after fourteen (14) days following the date the notice was mailed.

Ark. Code § 9-14-228

Acts 1985, No. 989, § 13; A.S.A. 1947, § 34-1231; Acts 1989, No. 948, § 6; 1994 (1st Ex. Sess.), No. 5, § 2