Modifying Child Support After Job Loss, Disability or Incarceration in Arkansas
Arkansas child support does not drop on its own after a job loss, disability or incarceration. You have to file, the change starts on service, and incarceration of at least 180 days may not be treated as voluntary unemployment.
Can you reduce child support after a job loss in Arkansas?
Yes, if you show a material change of circumstances, and only from the date of service of the motion, not back to the day you lost the job (Ark. Code 9-14-107(d)). A drop of 20% or more in your gross income is enough to petition (9-14-107(a)(1)), and a short gap between jobs may not persuade the court.
Will Arkansas impute income if you quit or earn less?
Administrative Order No. 10 creates a rebuttable presumption that the payor and the payee can work full-time or earn full-time income, and the court may calculate support on potential income. If imputation is ordered the court must consider the parents’ circumstances, including assets, residence, employment and earnings history, job skills, education, literacy, age, health, criminal record and other employment barriers, record of seeking work, the local job market and prevailing earnings. It may treat a disability, or young or disabled children who must be cared for, as a reason a parent cannot work (Administrative Order No. 10, Section III.8).
Can Arkansas child support be reduced while incarcerated?
The incarceration of a parent shall not be treated as voluntary unemployment when establishing or modifying support. “Incarceration” means a conviction that results in a sentence of confinement to a local jail, a state or federal correctional facility or a state psychiatric hospital for at least 180 days, excluding credit for time served before sentencing (Ark. Code 9-12-312(a)(3)(B); 9-14-107(a)(3)). Administrative Order No. 10 treats it as involuntary unemployment. You still have to file: the order does not change by itself.
Is there a minimum child support order in Arkansas?
When the payor parent’s monthly gross income is less than $900, the chart applies a self-support reserve and a presumptive minimum award of $125 a month must issue unless a party rebuts it by a preponderance of the evidence. Factors include a large adjustment due to parenting time, incarceration, institutionalization for a mental illness or other impairment, a verified physical disability that precludes work, income only from Supplemental Security Income, and the payor’s ability or inability to work (Administrative Order No. 10, Section II.3).
Can income be imputed to someone on public assistance?
Temporary Assistance for Needy Families and other means-tested benefits are not included in gross income, but income may be imputed to those recipients, and the court may impute income to significant non-income-producing assets other than a primary residence or personal property.
What proof helps?
- The termination or layoff notice and your last pay stub.
- Unemployment or disability award letters.
- Your job-search record.
- Medical records if the cause is disability.
- For incarceration, the sentence showing at least 180 days.
What should you do first?
- Serve the motion now: the effective date is the date of service.
- Keep paying what you can: unpaid installments are judgments with interest (see the Arkansas interest rate).
- Check the numbers in the Arkansas child support modification calculator.
Frequently asked questions
Does Arkansas lower child support automatically after a job loss?
No. The order stays in force until the court modifies it, effective on the date of service of the motion unless the court orders otherwise.
Can Arkansas impute income to an unemployed parent?
Yes. There is a rebuttable presumption that both parents can work full-time, and the court considers factors such as work history, skills, health and the local job market.
Is incarceration voluntary unemployment in Arkansas?
No. Incarceration for a sentence of at least 180 days may not be treated as voluntary unemployment.
Is there a minimum child support order in Arkansas?
When the payor's gross income is under $900 a month, a presumptive minimum award of $125 a month issues unless rebutted.
Can a disability change Arkansas child support?
The court may consider a disability as a reason a parent is unable to work, and a verified physical disability that precludes work is a factor against the minimum order.
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
- Ark. Code 9-12-312: child support in a decree, incarceration and continuation of support
A local family law attorney can review your situation — many offer a free consultation.
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.