Arkansas Child Support Calculator
Uses Arkansas Income Shares model — combined adjusted gross income (Admin Order No. 10)
Table of Contents
- How Arkansas Calculates Child Support
- Understanding Administrative Order No. 10
- The Income Shares Model in Arkansas
- Adjusted Gross Income Explained
- The Arkansas Support Schedule
- Shared Custody Calculations
- When Courts Deviate from Guidelines
- How to Modify Child Support in Arkansas
- Enforcement of Arkansas Child Support
- Frequently Asked Questions
How Arkansas Calculates Child Support
Arkansas uses the Income Shares model for calculating child support, governed by Administrative Order No. 10 of the Arkansas Supreme Court. This model is based on the economic principle that children should receive the same proportion of parental income that they would have received if the parents lived together. The Income Shares approach estimates the total amount that both parents would spend on their children in an intact household, then divides that amount between the parents based on their respective incomes.
Under Arkansas's system, the court first determines each parent's adjusted gross income by subtracting allowable deductions from their gross income. These individual adjusted figures are then combined to produce the combined adjusted gross income. This combined figure is cross-referenced against the Arkansas child support chart, which provides a basic child support obligation based on the combined income and the number of children. Each parent's proportionate share of the obligation is determined by what percentage of the combined income they contribute.
The Administrative Order No. 10 guidelines create a rebuttable presumption that the calculated amount is the correct amount of child support. This means the court will apply the guidelines unless a party can demonstrate that doing so would be unjust or inappropriate under the specific facts of their case. Arkansas courts take this presumption seriously, and any deviation from the guideline amount requires written findings of fact explaining why the deviation is warranted.
History and Development of Arkansas Child Support Guidelines
Arkansas transitioned to the Income Shares model through Administrative Order No. 10, which has been revised and updated multiple times to reflect current economic data on the cost of raising children. The current support schedule is based on research from the U.S. Department of Agriculture and economic studies on child-rearing expenditures. These periodic updates ensure that child support amounts in Arkansas remain reflective of actual costs to raise a child in the state, accounting for inflation and changing economic conditions.
The Arkansas Legislature mandates that the child support guidelines be reviewed at least every four years, as required by federal law under Title IV-D of the Social Security Act. Arkansas's Office of Child Support Enforcement (OCSE) plays a significant role in administering and enforcing child support orders throughout the state, working alongside the court system and the Division of Revenue to ensure compliance with support obligations.
Understanding Administrative Order No. 10
Administrative Order No. 10 is the cornerstone of child support calculations in Arkansas. Issued by the Arkansas Supreme Court, this comprehensive order establishes the framework that judges, attorneys, and parents must follow when determining child support obligations. The order applies to all cases involving child support, whether the parents were married, divorced, separated, or never married.
The order sets forth detailed instructions for computing child support, including how to determine gross income, what deductions are allowable, how to use the support chart, and when deviations from the guideline amount may be appropriate. It also addresses special situations such as split custody (where each parent has primary custody of at least one child), shared physical custody, low-income obligors, and high-income families whose combined income exceeds the chart maximum.
One important aspect of Administrative Order No. 10 is its treatment of imputed income. If a parent is voluntarily unemployed or underemployed, the court may impute income to that parent based on their earning capacity, work history, education, and job opportunities in their area. This provision prevents a parent from artificially reducing their income to lower their child support obligation. The court considers factors such as the parent's qualifications, prevailing wages in the community, and the parent's recent work history.
Key Components of the Order
Support Schedule
A detailed chart that provides the basic child support obligation based on combined adjusted gross income and the number of children. The schedule covers income ranges from very low to quite high levels.
Income Definition
Comprehensive guidelines on what constitutes gross income, including wages, self-employment income, investment returns, benefits, and any other regular source of money available to the parent.
Allowable Deductions
Specific deductions that may be subtracted from gross income, including federal and state taxes, FICA, pre-existing support obligations, and certain other mandatory deductions.
Deviation Factors
A list of circumstances under which the court may deviate from the guideline amount, including extraordinary medical needs, educational expenses, and travel costs for visitation.
Adjusted Gross Income Explained
Understanding how Arkansas defines and calculates adjusted gross income is critical to estimating child support. The process begins with gross income, which under Administrative Order No. 10 includes virtually all income from any source. The order then permits certain deductions to arrive at the adjusted gross income figure that drives the calculation.
What Counts as Gross Income in Arkansas
Arkansas casts a wide net when defining gross income for child support purposes. The following sources are included:
- Wages and salaries — All compensation from employment, including regular pay, tips, and bonuses
- Overtime pay — Regular and consistent overtime is included; sporadic overtime may be averaged
- Commissions — Sales commissions and performance-based compensation
- Self-employment income — Net income from self-employment after legitimate business expenses
- Rental income — Net income from rental properties
- Interest and dividends — Investment income from all sources
- Pensions and retirement — Pension payments and retirement fund distributions
- Social Security benefits — Including disability and retirement benefits
- Workers' compensation — Ongoing workers' comp payments
- Unemployment benefits — State and federal unemployment compensation
- Alimony received — Spousal support received from a different relationship
- Military allowances — Basic allowance for housing (BAH) and basic allowance for subsistence (BAS)
- Severance pay — Payments received upon termination of employment
- Trust income — Distributions from trusts
Allowable Deductions
Arkansas allows the following deductions from gross income to calculate adjusted gross income:
- Federal and state income taxes — Based on the parent's actual filing status and tax obligations
- Social Security and Medicare taxes (FICA) — Employee's share of payroll taxes
- Pre-existing child support obligations — Court-ordered support for children from other relationships that is actually being paid
- Pre-existing spousal support — Court-ordered alimony being paid for a prior relationship
- Union dues — Required union membership fees
It is important to note that voluntary retirement contributions, loan payments, credit card payments, and other voluntary deductions are generally not allowable deductions for child support purposes. The goal is to capture the parent's true ability to provide financial support for their children.
The Arkansas Support Schedule
The heart of the Arkansas child support calculation is the support schedule found in Administrative Order No. 10. This chart provides the basic child support obligation based on two factors: the combined adjusted gross income of both parents and the number of children for whom support is being calculated. The schedule is based on economic data about what families at various income levels typically spend on their children.
| Combined Monthly Income | 1 Child | 2 Children | 3 Children | 4 Children | 5 Children |
|---|---|---|---|---|---|
| $1,000 | $188 | $277 | $316 | $340 | $363 |
| $2,000 | $322 | $474 | $540 | $582 | $621 |
| $3,000 | $440 | $648 | $739 | $797 | $850 |
| $4,000 | $549 | $808 | $921 | $992 | $1,059 |
| $5,000 | $643 | $946 | $1,079 | $1,163 | $1,241 |
| $6,000 | $719 | $1,058 | $1,207 | $1,302 | $1,389 |
| $8,000 | $873 | $1,285 | $1,465 | $1,580 | $1,686 |
| $10,000 | $1,020 | $1,501 | $1,712 | $1,846 | $1,969 |
| $12,500 | $1,186 | $1,745 | $1,990 | $2,146 | $2,290 |
| $15,000 | $1,345 | $1,979 | $2,257 | $2,434 | $2,597 |
| $20,000 | $1,610 | $2,370 | $2,703 | $2,915 | $3,111 |
For income amounts that fall between the listed figures, Arkansas courts use linear interpolation to determine the exact obligation. For example, if the combined adjusted gross income is $3,500, the court would calculate an obligation that falls proportionally between the $3,000 and $4,000 figures. For combined incomes exceeding the chart maximum, the court may extrapolate or use its discretion to set an appropriate amount.
How to Read the Chart
To use the Arkansas child support chart, follow these steps:
- Calculate each parent's adjusted gross income (gross income minus allowable deductions)
- Add both parents' adjusted gross incomes together to get the combined adjusted gross income
- Find the row in the chart that corresponds to the combined adjusted gross income (interpolate if between rows)
- Read across to the column for the number of children — this is the basic child support obligation
- Determine each parent's percentage share by dividing their individual adjusted gross income by the combined total
- Multiply the basic obligation by the non-custodial parent's percentage to get their share
- Add the non-custodial parent's proportionate share of additional expenses (insurance, childcare)
When Courts Deviate from Arkansas Guidelines
While the guidelines create a strong presumption, Arkansas courts retain the authority to deviate from the calculated amount when applying the guidelines would be unjust or inappropriate. Any deviation must be supported by written findings of fact that explain why the deviation is warranted. Courts consider a variety of factors when deciding whether to deviate.
Common Reasons for Deviation
- Extraordinary medical expenses — When a child has significant ongoing medical needs beyond what insurance covers
- Educational expenses — Special educational needs, private school tuition, or tutoring costs
- Travel expenses for visitation — When parents live far apart and transportation costs are significant
- Seasonal or irregular income — When a parent's income fluctuates significantly throughout the year
- Shared physical custody — When the actual parenting time arrangement warrants a different calculation
- Other children in the household — When a parent is supporting children from another relationship
- Combined income exceeding chart maximum — When the parents' combined income exceeds the highest amount on the schedule
- Child's independent income or assets — When the child has significant resources of their own
It is important to understand that deviations are not automatic. The parent requesting a deviation bears the burden of proving that the standard guidelines would be unjust. Courts carefully scrutinize deviation requests and will not reduce support simply because a parent wants to pay less. The best interests of the child remain the paramount consideration in all child support decisions.
How to Modify Child Support in Arkansas
Child support orders in Arkansas are not permanent and can be modified when circumstances change significantly. Under Arkansas law, a party can petition the court for a modification of child support when there has been a material change in circumstances since the last order was entered. Arkansas defines a material change as one that results in a difference of at least 20% or $100 per month (whichever is less) between the current order and the amount that would result from applying the current guidelines.
Common Grounds for Modification
- Significant income changes — Substantial increase or decrease in either parent's income
- Job loss or involuntary unemployment — Losing a job through no fault of one's own
- Changes in custody or visitation — Modifications to the parenting time arrangement
- Changes in healthcare costs — Significant changes in health insurance premiums or medical needs
- Additional children — Birth or adoption of additional children by either parent
- Child reaching emancipation age — When a child turns 18 and graduates from high school
- Changes in childcare costs — When children age out of daycare or childcare needs change
- Disability of parent or child — New or changed disability affecting earning capacity or needs
The Modification Process
To modify child support in Arkansas, you must file a Motion to Modify with the court that issued the original order. The motion should clearly state the material change in circumstances and provide supporting documentation. Both parties will have the opportunity to present evidence, and the court will recalculate the support obligation using the current guidelines and current income information. Until a court enters a new order, the existing child support amount remains in effect and must be paid in full.
Arkansas allows either parent to request a review of the child support order through the Office of Child Support Enforcement (OCSE) every three years, even without showing a material change in circumstances. This three-year review process ensures that child support amounts keep pace with changing economic conditions and parental incomes.
Enforcement of Arkansas Child Support
Arkansas takes child support enforcement seriously and has multiple tools available to ensure that parents comply with their support obligations. The Arkansas Office of Child Support Enforcement (OCSE), a division of the Department of Finance and Administration, is the primary agency responsible for enforcement actions.
Enforcement Tools Available in Arkansas
- Income withholding — Automatic deduction from the obligor's paycheck, the most common enforcement method
- Tax refund intercept — Seizing federal and state income tax refunds to satisfy arrears
- License suspension — Suspending driver's licenses, professional licenses, and recreational licenses
- Passport denial — Blocking issuance or renewal of passports for parents owing more than $2,500
- Bank account levies — Freezing and seizing funds from bank accounts
- Property liens — Placing liens on real and personal property
- Credit reporting — Reporting delinquent child support to credit bureaus
- Contempt of court — Court proceedings that can result in fines or jail time for willful non-payment
Arkansas participates in the Uniform Interstate Family Support Act (UIFSA), which facilitates enforcement of child support orders across state lines. When a parent moves to another state, the Arkansas OCSE can work with the other state's enforcement agency to continue collecting support. Federal law also provides for criminal prosecution in cases of persistent, willful failure to pay child support across state lines.
Interest on Arrears
Under Arkansas law, past-due child support accrues interest at 10% per year from the date each payment becomes delinquent. This interest provision provides a strong incentive for timely payment and ensures that the custodial parent is compensated for the time value of money when support payments are late. The interest is calculated on each individual payment from its due date, not on the total accumulated arrears balance.