Arrangements for financial support are among the most significant issues when parents separate or divorce. A Bentonville child support lawyer can assist with support calculations, enforcement, and modifications. They can also advocate for your rights if life changes warrant an adjustment to the amount of support. The Bentonville family law attorneys at Bundy Law have experience in handling complex financial issues for clients throughout Bentonville.
The attorneys at Bundy Law practice law throughout northwest Arkansas, including at the Benton County Courthouse. We focus our practice on high-net-worth divorce and family law cases involving significant assets, business ownership, interest in professional practices, and complex income structures.
Aaron Bundy is the only attorney in Oklahoma to be a Fellow of the International Academy of Family Lawyers, while multiple partners here at Bundy Law are Fellows of the American Academy of Matrimonial Lawyers. We are proud to have attorneys who have earned the respect of judges, peers, and opposing counsel when handling complex family law matters.
Child support in Arkansas is controlled by Arkansas Code § 9-12-312 as well as Arkansas’s child support guidelines. These guidelines can be found in Arkansas Supreme Court Administrative Order No. 10. These rules help parents and courts determine how support should be calculated.
Arkansas is not a pure formula state for determining child support. Instead, the court must consider all the financial circumstances of each parent. The factors that must be analyzed include:
This information is entered on child support worksheets and used to calculate the parents’ respective share of support.
In Arkansas, only 9.1% of recipients rely on child support. In the U.S., 7.4% of families with kids under 18 have someone who gets child support. Parents nationwide report making an average annual payment of $7,906 for child support.
Sometimes, the parent who is obligated to pay child support doesn’t make the payments. When child support payments are late or nonexistent, there are legal remedies to help the receiving parent collect support. Enforcements can include:
In some situations, an enforcement action may need to be filed immediately to prevent financial harm to the child. Because most parents who fall behind on child support can pay if forced to do so by the court, judges take these types of cases very seriously.
You can find the Benton County Courthouse at 102 NE A Street in Bentonville, AR. Family law judges at this courthouse hear domestic relations cases, including modifications of child support, contempt/enforcement actions, and custody modifications.
The court’s first child support decision isn’t necessarily the final one. Either parent has the right to seek a modification of the order should there be a material change in circumstances. Arkansas law allows the court to modify child support when financial circumstances change. The following could warrant a modification of child support:
Increases and decreases in income can be significant factors for high-income families. If a parent owns a business or has partnerships with other individuals, those relationships could change over time. Similarly, if a parent works on commission or owns stock in a company, their income could change as well. The court will analyze any evidence of changed financial circumstances before agreeing to modify a child support order.
Both parents have the right to hire a child support lawyer when dealing with child support matters. Many people only plan on hiring a lawyer if they expect the other parent to contest the child support case. While you may be able to handle a child support matter on your own, there are many advantages to hiring an attorney as early as possible.
There may be disputes about the proper calculation of income. A parent may own part of a business, be a silent partner in an enterprise, or receive commissions. Each of these situations requires a Bentonville child support attorney who is knowledgeable and experienced in handling high-income child support matters.
Arkansas has specific child support guidelines that use each parent’s income and expenses to calculate child support. Wages, bonuses, commissions, and other pay are used to calculate your child support obligation.
Courts will also take into consideration health insurance premiums, childcare costs, and parenting time when calculating support. Business owners and executives may be required to provide additional financial information for the court to properly calculate support.
Child support will normally last until the child reaches 18 years of age or graduates from high school, whichever date is later. However, child support may continue past the child’s 18th birthday if they have special needs or the parents entered into a provision for longer support in a legal settlement. Orders may also be issued to resolve any arrearages that remain past the child’s majority.
Technically, yes, parents can agree on child support without going to court through negotiation or mediation. Once an agreement has been reached, it still needs to be approved by a judge to be legally binding. The judge will review your agreement to advocate that it meets Arkansas child support guidelines and serves the best interests of the child before signing a final order.
Yes. Parents can ask a court to modify child support orders when there has been a material change in circumstances since the order was entered. While either parent can ask the court to modify a child support order, the parent asking for the modification must provide evidence to the court demonstrating why the current support order should change.
At Bundy Law, we understand how serious child support issues are and what they mean for you and your child. We can advocate for you to have a fair outcome. Contact us today for more information.