Child support is designed to ensure that children receive the financial support they need from both parents. But life changes. Jobs change, incomes increase or decrease, and parenting arrangements evolve. Many parents wonder whether those changes mean child support can be modified.
The short answer is yes—but not every change justifies modifying a child support order.
Here’s what you should know about child support in Arkansas.
Child support is a court-ordered payment made to help cover the costs of raising a child. In many cases, the noncustodial parent pays child support to the custodial parent. However, child support is not determined solely by who has primary custody. Even in joint custody cases where parents share equal parenting time, one parent may still be ordered to pay child support if they earn significantly more than the other parent.
In Arkansas, child support is governed by Administrative Order No. 10, which establishes guidelines for calculating support, determining income, and identifying when support may be modified or when deviations from the guideline amount are appropriate.
Arkansas uses an income shares model, which estimates the amount parents would have spent on their child if they lived together. The calculation considers the combined gross income of both parents and allocates support based on each parent’s share of that income.
Income includes more than just a regular paycheck. Depending on the circumstances, income may include:
The calculation also considers several child-related expenses, including:
If a parent is unemployed or underemployed without a valid reason, the court may impute income, meaning it may calculate child support based on what the parent is capable of earning rather than what they are actually earning.
Child support calculations can become particularly complex when a parent is self-employed, receives irregular income, owns a business, or frequently earns overtime or bonuses.
Generally, yes.
In every Arkansas case involving custody or support of a minor child, the court is required to calculate child support under Administrative Order No. 10. The amount produced by the Arkansas Child Support Calculator is presumed to be the correct amount.
However, that presumption can be overcome if applying the guideline amount would be unjust or inappropriate under the circumstances. A judge may order a higher or lower amount when the evidence shows that a different amount better serves the child’s needs.
Factors that may justify deviating from the guideline amount include:
In some cases, parents with nearly identical incomes or unique financial arrangements may receive a downward deviation from the guideline amount. However, courts will always focus on the best interests of the child when determining whether a deviation is appropriate.
Yes.
Unlike property division in a divorce, child support is always subject to modification if there has been a material change in circumstances.
One of the most common reasons for modification is a substantial change in either parent’s income. Generally, a change of 20% or more in a parent’s monthly gross income may constitute a material change sufficient to justify modifying child support.
However, not every reduction in income qualifies. If a parent voluntarily quits a job, intentionally reduces work hours, or otherwise becomes voluntarily underemployed, the court may refuse to reduce child support. Instead, the court can base support on what the parent is capable of earning rather than their current income.
Other circumstances that may justify modifying child support include:
Importantly, child support does not automatically change simply because your income changes. You must file a request with the court to modify the existing child support order. Until a new order is entered, the current support obligation remains in effect.
In most cases, child support ends when the child turns 18 years old or graduates from high school, whichever occurs later.
If child support is being collected through the Arkansas Office of Child Support Enforcement (OCSE), the paying parent should confirm that the agency has updated its records so that income withholding and automatic payments stop at the appropriate time. In some situations, additional court action may be necessary to terminate the obligation.
Whether you’re seeking to increase, decrease, or challenge a child support obligation, it’s important to understand your rights before taking action. Child support cases often involve detailed financial analysis, and mistakes can be costly.
At Kristen Komander Law, we help parents throughout Northwest Arkansas with child support modifications, custody matters, divorce, and other family law issues. If your financial circumstances have changed or you have questions about your current child support order, contact our office to discuss your options.
