Fayetteville Child Support Attorney
Child Support In Arkansas
There exists a “rebuttable presumption” that child support calculated using the most recent revision of the Arkansas Family Support Chart is the amount of child support to be awarded. The court may still grant less or more if the evidence shows that the needs require a different level of support. If a judge were to vary from the guidelines, there would need to be justification for doing so. For purposes of determining how much support may be paid, the Arkansas Supreme Court has published on its website Administrative Order #10 addressing these child support issues. The court will look at the noncustodial parents’ income, which means any form of payment less proper deductions for federal and state income tax, withholding for Social Security, Medicare, railroad retirement, medical insurance paid for a dependent child, and presently paid support for other dependents by court order. Income is generally interpreted as being very broad and designed to include almost any source of income.
Even if the noncustodial parent is unemployed, or if the court finds is working below full earning capacity, it can still consider the reasons. And if earnings are reduced as a matter of choice and not for reasonable cause, the court can still attribute income to the person paying child support up to his or her earning capacity. Income of at least minimum wage is normally attributed to someone who is to pay child support, even if unemployed.
The courts can deviate in looking at relevant factors such as costs of food, shelter, utilities, clothing, medical expenses, educational expenses, dental expenses and child care. The courts even consider the accustomed standard of living, recreation, insurance costs, transportation costs or other assets available. Our office can discuss with you all of these relevant considerations to help you determine the amount of child support that would be anticipated from a judge.
Additional Considerations In Child Support
- Temporary child support: This type of child support is awarded on a short-term basis while the divorce is in progress. This award factors in the temporary custody award.
- Child support modifications: If you or your ex-spouse experiences a significant change in income or expenses, there are options to seek a child support modification after the divorce is finalized.
Learn More About Child Support
At Gramling Estes Law Firm, we have been addressing complex issues in family law for a very long time. Our attorneys know that child support can be confusing to understand on your own. When you work with us, we will help ensure you understand the formula and if deviations are likely in your specific case.
Contact our Fayetteville child support lawyers for a free consultation to learn more.