An important thing that Little Rock child support lawyers can do for their clients is to ensure that their rights are protected. They want to make sure that their clients get the money and other benefits they need for their children or if they are the parent paying child support, that they are ordered to pay an amount that is fair and sustainable. Another thing a Little Rock child support attorney can do is to help people with custody battles. This involves helping them agree on how much time each parent will spend with their kids.
Arkansas is one of a number of states that calculates child support payments using what is known as the income shares approach.
Though Arkansas' child support formula does not directly take shared custody of a child into account, a party is allowed to ask the court to take the custody split into account when setting support payment levels.
The Law Office of Geoffrey D. Kearney, PLLC is a General Practice law office focused on assisting clients in a variety of fields. We take cases across the state of Arkansas, with a particular emphasis on Southeast Arkansas, South Arkansas, Central Arkansas, and the Arkansas Delta. We are prepared to counsel and help you through the process of establishing or amending an existing child support agreement. You can reach us by email at GDK@gdkpllc.com or call us at (870) 376-3068.
There are many reasons to hire a Little Rock child support lawyer. A common reason is that you want your children to have the resources they need and deserve. The setting of child support is often addressed during court cases about custody, visitation rights, or unpaid child support. Your children deserve the best care possible, and child support is a way to make sure they get it.
In Little Rock, Arkansas, child support law would govern. Generally, child support is the requirement by court order of one parent to pay money for the expenses of raising their child. This usually includes paying some portion of their income each month, every two weeks, etc., until the child turns 18 or graduates from high school. The amount paid varies based on how many children there are, how much money the parents make, and other factors. Sometimes the parties reach an agreement on child support in Little Rock child support law cases. It can also be ordered automatically if one of the parents applies for it, or a judge could decide on child support after evaluating each party's income and the child's needs, and the circumstances of the case.
Arkansas calculates child support based on the gross income of both parents. It also considers costs for such things as childcare, insurance premiums, and medical expenses. In addition to looking to the Child Support Chart, the court may adjust this amount if the evidence in the case establishes certain circumstances are present.
Arkansas has revised its family support chart to reflect payor and recipient income. The old model simply took into account the income of the parent who was responsible for paying the child's maintenance. Under the new model, which went into effect in 2020, courts will take the parent's income paying child support into account.
Additionally, there have been modifications to the procedures used to calculate child support. The National Center for State Courts created these new approaches based on the income shares model. The income shares model backs the idea that children should have an equal part of what their parents would have earned if they were still married and living together.
Numerous amendments to the legislation have been made, and this page cannot cover all of them. A knowledgeable Arkansas family law attorney can help you understand your rights and responsibilities under the new legislation. You might also wish to review an article Attorney Kearney wrote on the subject when the changes were announced.
Either parent may ask the court to alter child support payments. Taking the child support recipient's income into account may reduce or increase the non-custodial parent's child support payment.
The new child support legislation will not automatically recalculate or modify payments. To change your child support payment, you must file a motion. Whether you are a parent considering asking for a modification or you are dealing with a motion filed by your child's other parent, seeing an Arkansas child support lawyer can help you gain further insight into your options.
To be able to make an adjustment to the amount of child support, a party must show what is called a "material change in circumstances." Arkansas law enables adjustments to child support orders when the noncustodial parent's gross income changes by at least 20% (or $100 per month). Other major changes in circumstances after the previous agreement went into force might ask to justify a request for a revision. For example, a child having a major medical issue would be a reason a custodial parent might ask for more in support. On the other hand, if a child becomes emancipated, the noncustodial parent might seek a reduction or elimination of their child support obligation.
Modification requests are made in writing and submitted to the court for consideration. The parties will provide evidence of income and other circumstances to support their claims.
The court can utilize "imputed income" – based on a parent's reasonable earning capability – to compel payment if one parent deliberately limits his or her income to lessen or dodge a child support payment obligation or if there are other circumstances in which it is difficult to accurately assess the payor parent's income.
The Law Office Of Geoffrey D. Kearney, PLLC assists clients in family/divorce-related legal matters and looks forward to using our experience in Arkansas child support matters to help you handle your child support case. Don't hesitate to contact us.
As with many legal questions, it depends. Generally, if they are 18 years old or older and do not attend college full-time while living in your home, you will no longer be responsible for child support payments. If they live away from home but still go to school at least part-time (less than 12 hours) while under 21 years old, you are likelier to remain responsible for child support.
Uncontested divorces are ones where both spouses agree on all issues, including child support, and are not asking the judge to decide between them on any issues. In this situation, the divorce is filed and finalized without a trial or contested hearing in court. However, if the parties have children, the judge will generally require that the order deal with child support (even if it just says that none will be required). They will also likely still have to provide some evidence to the judge that whatever they have decided is fair and serves the best interests of the child.
Sharing custody is a special circumstance that does not automatically make child support less important. Custody can be shared 50/50, or one parent may receive physical custody, with the other receiving visitation rights. In instances where either party receives primary physical custody, it is still possible for them to have to pay child support based on income and legal guidelines.
Child support is usually calculated based on the gross income of both parents. However, a judge may use factors other than this to calculate child support.
If you are not receiving court-ordered child support, there may be legal options to force the other parent to pay. If your ex-spouse has failed or refused to make payments as ordered by a judge, you should consider seeking an attorney who can help enforce this order.
Arkansas child support guidelines take into account some different factors when determining the amount that must be paid each month, including:
According to the Arkansas Child Support Calculator, the general rule of thumb is that child support will not include college expenses unless otherwise stated. You need to know if the divorce decree or separation agreement contains language covering college costs. There is otherwise generally no obligation for a party to pay child support if it is not specified in the order.
Generally, yes.
Under Arkansas law, a party who wishes to have an appellate court (usually the Arkansas Court of Appeals) review a circuit court's Child Support Order must file a Notice of Appeal within the required time limit.
In child support cases, parties appeal for several different reasons. Obviously, overall, the main issue will be the belief that the judge ordered either too much or too little in child support. The main arguments people raise are that the judge made a legal error, allowed in evidence that they should not have or ignored evidence they should have considered or should have given more weight to a factor.
If you would like to pursue an appeal in an Arkansas child support case, contact our Little Rock child support attorney.
It is important to get child support orders set up as soon as possible for the sake of your child and your wallet. Going through divorce or custody proceedings can be financially difficult. It's best to have all of the resources legally available to you to help take care of your child. And if you are the parent who will have the child support order imposed on you, it is crucial to make sure that you are treated fairly by the court.
An appropriate child support order can be essential to the quality of your child's life and your financial health.
The attorney at our Little Rock, AR law firm know how important it is to get a good, fair deal when working out child support orders for their clients. We will work to ensure that any agreement reached or order set will be in the best interest of their child and be fair to our client.
Call us today at (870) 376-3068 or fill out our online form for a free initial consultation.
We would love the opportunity to hear about your case and provide personalize attention where needed most.
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