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Arkansas Child Support

GamingBuddy's picture

Has anyone here experienced requesting a support adjustment for Arkansas using the new laws.

We have alot of new events that need to be considered and the old order is about 3 years old.

My partner has a new job and will also start carrying the kids insurance.

We're also worried BM is about to quit her job. She's starting school which is fine but it's not right for her to do nothing and expect him to do everything.

From the calculators I've found online if he is the only one with income he is also responsible for the full amount of insurance though the original order had her providing it because at the time he didn't get any. 

How will they show their income? Will they request old tax records or will they go with most recent pay stubs? Will they imput her income at all or do we have to go to court will they give any consideration that she had a job and was carrying insurance and then quit? 

Is there any way to protect ourselves without going to court since we can't afford a lawyer and where we live there isn't a self help library or anything like that so representing ourselves is impossible. 

And if she doesn't fully quit is there anything we can to so he can claim them instead of her letting her husband doing since the original order said she claimed but she was also working and providing insurance.

Comments

ESMOD's picture

How does she intend to support her own living expenses while she attends school?  If her husband makes sufficient money to support them, I do think that it would be appropriate to impute earnings for her because her not working is a choice.  It may be to better herself, but not working as a choice should not push off the burden of financially supporting her kids all onto your SO.

I imagine they would look at recent years tax returns to see what she has been earning and what typical pay is for that line of work.  

It's like if I married a millionaire and he said I didn't have to work at all.. why would my ex have to pay for 100% of the kid's expenses when I could otherwise be working? and it's only because my new spouse has such wealth that I don't have to... if my new spouse doesn't want me to work.. they should be prepared to pay for all of my obligations.. including the support of my kids that is my responsibility.

GamingBuddy's picture

We have no clue what her plan is and it's not like she'll tell us. 

Stepdad works a decent job but not good enough to cover what they will lose and keep BM in the standard of living she demands. We don't know if she's using student loans or depending on the monthly child tax credit.

His original order said she was to provide insurance but she made it clear she won't be going forward and also claims she can't get them on ARKids1st. 

We can't afford a lawyer so I'm just trying to figure out how best to protect us. We don't have an issue taking on insurance and doing what's fair but if she gets away with contributing nothing we can't do it. At the bare minimum we need her income imputed at minimum wage but will they do it without a court order? She was working earning more than him before this.

CastleJJ's picture

I would take the previous child support order and get the contact information of where she is currently employed. If she quits, you can say that she worked here and quit by her own choice. Let the courts know that you are fine carrying skids on DH's insurance. Provide the courts with paystubs and tax paperwork and let them do the calculation. 

If BM is in school, they may cut her a break. Our BM was in college when she had SS and was either not working or working part time. The courts showed her some grace and expected DH to pick up the slack - not necessarily 100%, but more than his half. My DH was also in college full time and argued that his part time income wasn't sufficient to cover CS and his living expenses. The judge told DH he needed to either drop out of school to work full time or get more jobs to meet his CS obligation. DH was mad because it was clear supporting BM was the only thing that mattered, to the sacrifice of his own future and aspirations. DH wasn't willing to risk his future, so he worked 3 jobs in college to make ends meet. But, our BM had also never worked full time or anything previously and she was single and did not have someone sharing in the household expenses. I think showing that BM was working full time and chose to go back to school is a different story. 

At the end of the day, it is all a calculation and there isn't much you can do. Just provide the necessary documents, make the argument, and let the cards fall where they may.