How to Modify Child Support in Arkansas: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify child support in Arkansas, file a motion and serve the other parent with the file-marked notice. A change takes effect on the date of service unless the court orders otherwise, and support that accrued unpaid before the motion cannot be changed.

How do you modify child support in Arkansas?

1. Run the chart amount in the Arkansas child support calculator and check the 20% tests in the modification calculator.
2. Gather proof of income. Any time a court orders child support it orders each parent to provide proof of income for the previous calendar year to the other parent or custodian and, when applicable, the Office of Child Support Enforcement; either may also ask in writing by certified mail, not more than once a year, and the other parent must answer by certified mail within fifteen days (9-14-107(a)(2)).
3. File a motion to modify and serve the other parent with the file-marked notice.
4. Exchange the forms. The Affidavit of Financial Means and the Worksheet are exchanged at least three days before the hearing; the Worksheet is filed and attached to the order (Administrative Order No. 10).
5. Keep paying the existing order until the court changes it.

From what date does an Arkansas child support change take effect?

Any modification is effective as of the date of service on the other party of the file-marked notice of a motion for increase or decrease in child support, unless otherwise ordered by the court (9-14-107(d)). A decree or order is a final judgment as to each accrued installment until a party moves to set aside, alter or modify it, and the court may not change support that accrued unpaid before the motion was filed (9-14-234). Every month before service is lost:

Federal law also bars retroactive modification of support already due (42 U.S.C. 666(a)(9)).

What if the other parent will not share income information?

If a parent fails to provide proof of income as the court directed or fails to respond to a written request, that parent may be subject to contempt of court, and a parent who has to petition the court to obtain the information may recover costs and a reasonable attorney’s fee (9-14-107(a)(2)(B)-(C)).

Can the state agency file for me?

Once the Office of Child Support Enforcement is notified of a material change in circumstances sufficient to petition, and when applicable, it must file a motion for modification within thirty days (9-14-107(a)(2)(D)). It also reviews orders in its caseload at least every three years without regard to a material change (9-14-107(c)(1)).

How does the court set the new amount?

The court refers to the most recent revision of the family support chart; the chart amount is a rebuttable presumption and the court can deviate only on a written finding that it would be unjust or inappropriate (9-12-312(a)(3)). Administrative Order No. 10 uses the income shares model, which looks at both parents’ incomes.

Can the court offset time the child lived with the payor?

The court may offset against future support the amounts accruing during periods, other than reasonable visitation, in which the noncustodial parent had physical custody of the child with the knowledge and consent of the custodial parent (9-14-234(c)(2)).

What happens to unpaid support while a motion is pending?

It stays owed. Each accrued installment is a final judgment, and interest of ten percent a year applies (see the Arkansas interest rate).

Frequently asked questions

Official sources

• Ark. Code 9-14-107: change in income warranting modification
• Ark. Code 9-14-234: support decrees, final judgment
• Arkansas Supreme Court Administrative Order No. 10 (amended October 6, 2022)
• Cathey v. Altazan, 2023 Ark. App. 314
• 42 U.S.C. 666(a)(9) and (a)(10): judgments by operation of law and review of orders

This is general information, not legal advice. It is based on the cited Arkansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arkansas attorney.