Court: Supreme Court of Arkansas; January 31, 2002; Arkansas; State Supreme Court
On February 5, 1990, the Arkansas Supreme Court adopted child support guidelines in response to the federal P.L. 100-485 and Ark. Code Ann. 9-12-312(a). P.L. 100-485 mandated states to establish guidelines for child support, creating a rebuttable presumption that the calculated support from the child-support chart is correct, and requiring guidelines to be reviewed and revised at least every four years. Arkansas complied by enacting Ark. Code Ann. 9-12-312, allowing the Supreme Court to develop guidelines based on recommendations from a committee appointed by the Chief Justice. The Committee on Child Support’s initial recommendations formed the basis of the 1990 Per Curiam Order.
Subsequent revisions occurred on May 13, 1991, and again in October 1993, when the Court adopted new guidelines published in the Arkansas Code Annotated. Following the four-year review cycle, the Court issued another order on September 25, 1997, adopting the Committee's recommendations and publishing Administrative Order Number 10, effective October 1, 1997, which included updated family-support charts and an Affidavit of Financial Means. Minor corrections were made on January 22, 1998.
Continuing its review, the Committee submitted further recommendations, leading to the adoption of a revised Administrative Order Number 10 on February 11, 2002. This order includes updated family-support charts and an Affidavit of Financial Means, reinforcing that the calculated child support amount from the latest Family Support Chart is presumptively correct in judicial proceedings. Courts may adjust the support amount based on evidence of dependents' needs. All child support orders must document the payor’s income and state the required support amount, including any deviations from the guidelines.
Orders that deviate from established guidelines must provide a justification for the variance, as allowed under Section V. To challenge the presumption that the child support amount determined by the Family Support Chart is correct, the court must include a specific written finding in the order, stating that the calculated amount is unjust or inappropriate after considering relevant factors, particularly the child's best interests.
Income, as defined, includes all forms of payment—periodic or otherwise—from various sources like wages, commissions, and pensions, minus deductions for federal and state taxes, Social Security, medical insurance for dependents, and support for other dependents mandated by court order.
For calculating child support, the most recent Family Support Chart is based on the payor’s defined income, with a month represented as 4.334 weeks. The chart's lower figure should be used without interpolation, and administrative costs paid to the court are excluded from support calculations.
When the payor's income exceeds chart limits, specific percentage rates of the income are applied to determine support amounts, varying by the number of dependents. For nonsalaried payors, the court must consider certain disability benefits as income while excluding SSI benefits. Military pay may include specific allowances, but only those the payor is eligible for should be counted. Support calculations for commission workers and self-employed individuals involve distinct methods, including tax returns and actual income considerations, while depreciation is deductible only to the extent it reflects real asset value loss. The court may also consider the payor's earning capacity and net worth in determining support obligations.
Imputed income may be assigned to a payor who is unemployed or underemployed if the reduction in earnings is voluntary and not justified, potentially up to their earning capacity, factoring in lifestyle considerations. A payor must at least be attributed minimum wage income for child support. For temporary support calculations, a dependent custodian may receive 20% of net take-home pay in addition to child support, while final spousal support determinations should consider various relevant factors, including a provided chart.
Tax dependency allocation generally belongs to the custodial parent, but the court can grant it to the noncustodial parent if the benefits significantly favor them. Child support orders must include provisions for the child's health care, typically health insurance if available at a reasonable cost.
The Affidavit of Financial Means is mandatory in all family support matters, requiring both parties to exchange it before hearings related to support orders. The court's determination of child support will involve assessing several relevant factors, including basic needs (food, shelter, clothing), medical, educational, and daycare expenses, the child's accustomed standard of living, and other income sources. Additional considerations for adjusting support obligations may include insurance procurement, special education expenses, trust fund maintenance, and extraordinary custody arrangements.
In cases of extended visitation, where a child spends over 14 consecutive days with the noncustodial parent, the court may review and adjust child support based on the custodial parent’s fixed obligations, increased costs for the noncustodial parent, and the relative financial situations of both parents.
Partial abatement or reduction of child support during extended visitation (over 14 consecutive days) for the noncustodial parent is capped at 50% of the obligation. If annual visitation exceeds 14 days, the court may prorate the reduction to maintain the same monthly payment amount. Should the noncustodial parent forgo extended visitations in a given year, they must pay the full child support amount to the custodial parent. Child support orders must specify payment dates and include immediate income withholding provisions unless a good cause or written agreement states otherwise. Payments are to be processed through the Arkansas Clearinghouse, aligning with the payor's income receipt schedule.
Additionally, both parties involved in the support action must complete and exchange a notarized Affidavit of Financial Means before any hearing, affirming the accuracy of the financial information provided. The affidavit requires detailed disclosures of income, debts, average monthly expenses, and personal information, including name, social security number, and that of any children involved.
The document outlines obligations for child support, requiring the individual to provide information about additional children, including names, birth dates, and social security numbers, along with any court orders confirming paternity and support obligations. Personal details such as the individual’s employer, contact information, and payment frequency for wages are also required.
Information regarding the opposing party must be supplied, including their full name, social security number, military ID, driver’s license number, and residence details. The document seeks to capture the opposing party's family background, current residence, employer, and contact numbers.
Income details need to be documented, specifying gross wages, payroll deductions (such as taxes, health insurance, and court-ordered child support), and net take-home pay. There are instructions for self-employed individuals to submit tax returns and disbursement records.
The section on debts requires listing creditors, unpaid balances, and monthly payments for debts in the names of both the plaintiff and defendant, as well as any joint debts. The opposing party’s weekly take-home pay and other income must also be reported. The document concludes with a notary public section for verification.
