Free Arkansas Family Law FAQs | Free Arkansas Family Law Legal Documents

Can Past-Due Child Support Be Taken From The State Income Tax Refund?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, for the custodial parent who receives state assistance the Noncustodial parent`s arrears amount must be $50 or more to be certified for State tax offset. For the custodial parent who does not receive state assistance the Noncustodial parent`s arrears must be $100 or more to be certified for State tax offset.

Does Ocse Charge An Application Fee For Its Services?

Tue, 29 May 2007 21:19:00 GMT

There is no fee if you are currently receiving Transitional Employment Assistance (TEA) or IVE Foster Care. Your case is automatically referred to OCSE if there is a noncustodial parent. If you are not currently receiving public assistance then there is a nonrefundable fee of $25 to process your application and open your case. A separate application plus $25 is required for each noncustodial parent. Applications are available at your local Arkansas Office of Child Support Enforcement or you may call (501) 6828398 for an application.

How Is Paternity Established?

Tue, 29 May 2007 21:19:00 GMT

If the father and mother were not married at the time of the child`s birth, an Affidavit Acknowledging Paternity or a court order naming the legal father establishes paternity. The alleged father may voluntarily admit that he is the father of the child. This can be done through the Voluntary Paternity Acknowledgement Program of Arkansas that is offered at all birthing centers in Arkansas, all Child Support Enforcement Offices, and Vital Records Offices. In cases where he does not admit paternity, a court hearing and/or paternity tests can be scheduled. Paternity tests examine the genetic markers of the mother, alleged father and the child. The paternity tests will indicate the likelihood of paternity or exclude the alleged father. The alleged father must pay for the costs of the tests. If the alleged father is excluded, the custodial parent (CP) may be required to pay for the tests.

How Long Will It Take To Receive Support Payments?

Tue, 29 May 2007 21:19:00 GMT

Each case is different. The time required depends on several factors, such as the difficulty in locating the noncustodial parent, whether paternity must be established, if an order for support already exists, or if the noncustodial parent lives in another state, or whether the noncustodial parent is employed. It often takes several months to begin receiving support, especially, if the noncustodial parent lives out of state.

How Much Child Support Will Be Ordered?

Fri, 20 Jun 2008 00:08:22 GMT

The amount of the child support will be based on the Arkansas Supreme Court guidelines and the noncustodial parent`s ability to pay according to these guidelines.

I Am Applying For Assistance Under Tea. Do I Have To Seek Child Support From The Children's Father?

Tue, 29 May 2007 21:19:00 GMT

As a condition of eligibility for TEA, you are required to help OCSE with our efforts to identify and collect child support payments from the noncustodial parent. If the state is able to collect support on behalf of your children, the child support payments will go toward reimbursing the state and federal governments for assistance payments made to your family.

I Cannot Get Health Insurance With My Job, But My Ex-Husband Has Good Benefits Where He Works. Can He Be Required To Carry The Children?

Tue, 29 May 2007 21:19:00 GMT

Yes, OCSE is required to petition the court to establish a medical support order in all new or modified support orders unless the custodian and the children have satisfactory health insurance benefits other than Medicaid. This is required whether or not health insurance coverage is available to the noncustodial parent at a reasonable cost or modification of current coverage to include the child is immediately possible.

In Arkansas, Can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Sat, 11 Jul 2009 18:57:44 GMT

Yes, Arkansas law allows spouses to include modification or elimination of spousal support in their prenuptial agreement. However, if that modification or elimination of spousal support would cause one of the spouses to be eligible for public assistance at the time of the separation or divorce then the Court may require the other spouse to pay alimony to the extent necessary to avoid such eligibility

My Boyfriend Is In The Military Overseas And I Am About To Have His Child. How Do I Establish Paternity And Obtain An Order For Support?

Mon, 04 Jun 2007 21:51:22 GMT

Once the child is born you can complete the OCSE application for child support services. If he is willing to sign documents admitting paternity and agreeing to support, then enforcement can proceed by a wage withholding order. If a noncustodial parent will not admit paternity, it may be necessary for OCSE to contact the commanding officer regarding genetic testing.

My Child's Noncustodial Parent Works For A Big Company And Has Moved Several Times In Her Job. Can Automatic Withholding Work?

Tue, 29 May 2007 21:19:00 GMT

Yes. States must recognize the wage withholding orders from other States, and continue the wage withholding as ordered, without regard to where the noncustodial parent or the custodial parent and the children live. Also, state and federal law now requires an employer to report within twenty days of hiring any employee who fills out a W4 form whether full time, parttime, or student worker.

My Children And I Need Money Now. Their Father Left Us Ten Years Ago. Will Ocse Still Try To Find Him?

Tue, 29 May 2007 21:19:00 GMT

By law, OCSE must try to find the noncustodial parent. Be sure that you give them any information you have about where the noncustodial parent might be living.

My Children's Father Is Retired From The Service. Can His Military Retirement Check Be Garnished For Back Child Support?

Tue, 29 May 2007 21:19:00 GMT

Yes, it is possible to garnish the wages of active, reserve and retired members of the military and Federal government civilian employees.

My Children's Noncustodial Parent Is In The Military, But I Don't Know Where He Is Stationed. Can Ocse Find Him?

Tue, 29 May 2007 21:19:00 GMT

Yes, the Federal Parent Locator Service can provide the current duty station of a parent who is in any branch of the service if OCSE has the noncustodial parent`s Social Security number.

The Father Of My Child Said I Would Never Get A Paternity Judgment Against Him Because He Would Just Leave The State. What Happens?

Tue, 29 May 2007 21:19:00 GMT

All states have similar laws regarding the establishment of paternity and the establishment and enforcement of support orders. State child support agencies are required to work together to assist each other to resolve issues and collect support.

The Noncustodial Parent Refuses To Pay Child Support, But Owns A Good Deal Of Property In The State. Can A Lien Be Issued?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, but you must remember a lien on property does not by itself result in the immediate collection of any money. It only stops the owner from selling, transferring, or borrowing against the property until the child support debt is paid. However, the presence of a property lien may motivate the noncustodial parent to pay the pastdue support in order to keep the title to the property clear.

The Noncustodial Parent Works Sporadically And Is Paid In Cash. Wage Withholding Won't Work For Me. What Will Happen?

Tue, 29 May 2007 21:19:00 GMT

Automatic billing, telephone reminders, and past due notices from OCSE might convince the noncustodial parent to make regular payments. Other methods, such as property attachment, credit bureau reporting, tax refund offset, garnishment, liens, and suspension of occupational, professional licenses, driver`s licenses or recreational licenses might work for the arrearages. If none of these are successful OCSE may take the case to court for stronger enforcement methods.

What Can I Do To Get My Support Increased If I Think It Is Too Low?

Mon, 04 Jun 2007 21:51:22 GMT

Both parents have a right to request a review of the child support order every three years. OCSE will review current income information and determine if an adjustment is appropriate based on the Arkansas Child Support Guidelines. If an adjustment is warranted, either up or down, legal action will be initiated to modify the order.

What If My Boyfriend Denies He Is The Father, Or Says He's Not Sure?

Mon, 04 Jun 2007 21:51:22 GMT

Paternity may be established by the evidence presented to the court including genetic testing given to the man, the mother and the child. These tests can exclude the man as a possible father and can also indicate the probability of paternity if he is not excluded.

What If The Noncustodial Parent Is In Another State?

Tue, 29 May 2007 21:19:00 GMT

The most difficult child support cases are those in which the noncustodial parent lives in one state and the children in another. Help is still available, but service is slower. Each state has child support offices and an independent court system with varying laws, practices and traditions. Arkansas has no control over the child support offices and courts of another state, it may take time to get a court date or to serve notice on the noncustodial parent

What Kind Of Records Does Ocse Keep And Why?

Tue, 29 May 2007 21:19:00 GMT

After your case is open, the noncustodial parent must send all child support payments to the Arkansas Child Support Clearinghouse. Payments will be recorded and forward to you, if you are not receiving TEA from the State. If you are receiving TEA, excess collections are kept by the state if money is owed the state for any past TEA you received. If no money is owed to the state, you will receive the money for arrears that are owed to you. We are very careful to receipt child support payments carefully. However, mistakes do occur. If we mail a child support payment to you in error, you must return the payment to OCSE.

What Steps are Necessary to Enter a Valid Premarital Agreement in Arkansas?

Sun, 12 Jul 2009 01:59:20 GMT

The Arkansas Uniform Premarital Agreement Act requires that premarital agreements be in writing and signed by both parties. In order to be valid, the agreement must be made voluntarily by both parties and not be unconscionable. Both parties must provide fair and reasonable disclosure of their property and financial obligations to the other party. Arkansas state law is specific as to the matters which may be included in the agreement. A premarital agreement may be amended once the parties are married if both parties agree to the amendment in writing.

Who Can Get Help From The Office Of Child Support Enforcement (Ocse)?

Tue, 29 May 2007 21:19:00 GMT

Any custodial parent who has physical custody of a child and needs help in obtaining child support payments may apply for services. A noncustodial parent (NCP) may apply to have paternity established or to have his/her support order reviewed.

Will Ocse Keep Track Of My Child Support Payments To Make Sure They Keep Coming?

Tue, 29 May 2007 21:19:00 GMT

OCSE is required to monitor payments to make sure they are made regularly and fully. Of course, due to a large number of cases, it also helps for you to inform the agency, if payments are late or in the wrong amount, or if you receive payments directly. By keeping OCSE informed, we can act quickly if needed.

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