Arkansas

Family Law

Section 9-14-233 – Arrearages – Interest and attorney’s fees – Work activities and incarceration

(a) All child support that becomes due and remains unpaid shall accrue interest at the rate of ten percent (10%) per annum unless the owner of the judgment or the owner’s counsel of record requests prior to the accrual of the interest that the judgment shall not accrue interest.

(b) The circuit court shall award a minimum of ten percent (10%) of the support amount due or any reasonable fee, including a contingency fee approved by the circuit court, as attorney’s fees in actions for the enforcement of payment of support provided for in the order.

(c) Collection of interest and attorney’s fees may be by executions, proceedings of contempt, or other remedies as may be available to collect the original support award.

(d)

(1) In all cases brought pursuant to Title IV-D of the Social Security Act wherein the custodial parent or children receive temporary assistance for needy families or benefits under the food stamp program, the Supplemental Security Income Program, Medicaid, and the Children’s Health Insurance Program and the obligated parent owes overdue child support, the court shall order the obligated parent to pay the overdue amount according to a plan approved by the court and in compliance with this Code.

(2)

(A) If the obligated parent subject to such a plan is not incapacitated, the circuit court may order the obligated parent to participate in work activities including, but not limited to, unsubsidized employment, subsidized private sector employment, subsidized public sector employment, work experience including work associated with the refurbishing of publicly assisted housing in the event that sufficient private sector employment is not available.

(B) The number of hours that the obligated parent must participate in work activities per week shall be set by the court in an appropriate order.

(C) Additionally, the circuit court may order the obligated parent to spend a minimum number of hours engaged in applying for available positions that the obligor is qualified to fill and keep records of such activities as directed by the court.

(3) If the obligated parent can demonstrate enrollment and full participation in job-related training, which may include on-the-job-training, job search and job readiness assistance, community service programs, vocational education training not to exceed twelve (12) months’ duration, job skills training directly related to employment, education directly related to employment if the obligated parent has not received a high school diploma or high school equivalency diploma approved by the Department of Career Education, the circuit court may substitute such participation in lieu of work activities as set out in subsection (e) of this section.

(e) If the obligated parent who is not incapacitated refuses to pay past due support or refuses to engage in work activities or seek work activities as ordered by the court, the court may order the obligated parent to be incarcerated.

(f) In any action brought for the enforcement of a child support obligation, whenever the court orders an obligated parent to be incarcerated for failure to obey a previous order, the court may further direct that the obligated parent be temporarily released from confinement to engage in work activity upon such terms and conditions as the court deems just.

Ark. Code § 9-14-233

Amended by Act 2015, No. 1115,§ 21, eff. 7/22/2015

Acts 1989, No. 383, § 2; 1995, No. 707, § 1; 1997, No. 1296, § 30; 1999, No. 1514, §§ 15, 16; 2001, No. 1248, §§ 11-13

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