Understanding Child Support in Texas and Arkansas

The Purpose of Child Support

Child support is a court-ordered financial obligation that ensures both parents contribute to the well-being of their child. The primary purpose is to cover essential expenses such as housing, food, education, healthcare, and other necessary costs associated with raising a child. It is not intended to be punitive or to benefit the custodial parent personally; rather, it exists solely to support the child's development and quality of life.

Debunking Child Support Myths

There are several misconceptions about child support that contribute to resistance or misunderstandings surrounding these obligations. Here are some common myths and the truths behind them:

Myth 1: Child Support Is Unnecessary If the Noncustodial Parent Provides for the Child Outside of Court

Truth: While some parents voluntarily provide financial support or in-kind contributions (such as buying clothes or groceries), the court establishes a structured and enforceable system to ensure consistent support. Without a formal order, there is no guarantee of ongoing assistance, which can negatively impact the child's stability.

Myth 2: Child Support Payments Are Used for the Custodial Parent’s Personal Gain

Truth: Courts calculate child support based on the child's needs, not the custodial parent's lifestyle. The payments are meant to contribute to basic necessities such as housing, utilities, food, education, and medical expenses. Misuse of child support funds can be contested in court.

Myth 3: Fathers Are Always the Ones Ordered to Pay Child Support

Truth: Child support obligations are gender-neutral. If a mother is the noncustodial parent, she may be required to pay child support to the father. The obligation is based on custody arrangements, income, and state guidelines, not gender.

Myth 4: Child Support Orders Are Permanent and Cannot Be Modified

Truth: Child support orders can be modified if there is a significant change in circumstances, such as a job loss, a substantial increase in income, or changes in custody arrangements. Both Texas and Arkansas allow parents to petition for modifications under appropriate circumstances.

Establishing Child Support in Texas

Child support in Texas is governed by Texas Family Code § 154.001. The process involves:

1. Filing a Petition – A parent or the state may file for child support through the Texas Attorney General’s Office or the court.

2. Determining Paternity (if applicable) – If paternity is in question, DNA testing may be required.

3. Calculating Child Support – Texas uses a percentage-based model outlined in Texas Family Code § 154.125, where the noncustodial parent typically pays:

• 20% of net income for one child

• 25% for two children

• 30% for three children, and so on

4. Issuing a Support Order – The court issues an order outlining payment amounts and methods.

5. Enforcement Mechanisms – If a parent fails to pay, enforcement options include wage garnishment, license suspension, and possible jail time.

Establishing Child Support in Arkansas

Arkansas child support laws are outlined in Arkansas Code Ann. § 9-14-105. The steps include:

1. Filing a Petition – A parent, legal guardian, or the Arkansas Office of Child Support Enforcement (OCSE) may file for support.

2. Paternity Determination (if needed) – Similar to Texas, paternity must be established if it is disputed.

3. Calculating Support – Arkansas uses an income shares model, which is governed by Arkansas Code Ann. § 9-12-312 and the Arkansas Supreme Court Administrative Order No. 10. The guidelines include:

• Determining the combined income of both parents.

• Allocating child support proportionally based on each parent’s income.

• Factoring in additional expenses such as healthcare, childcare, and extraordinary costs.

4. Issuing the Order – Once determined, the court finalizes the payment schedule and obligations.

5. Enforcing Support Orders – Wage garnishments, property liens, tax refund interceptions, and other legal actions can be used to enforce compliance.

Understanding Arrears

Arrears refer to unpaid child support that accumulates when a parent fails to make payments as ordered. Both Texas and Arkansas have strict enforcement policies to recover overdue support:

Texas Arrears Rules

• Under Texas Family Code § 157.261, unpaid child support accrues interest at 6% per year.

• Parents can face wage garnishment, tax refund interception, and even jail time for nonpayment.

Arkansas Arrears Rules

• According to Arkansas Code Ann. § 9-14-233, arrears may lead to license suspensions, passport denials, and additional financial penalties.

• Arkansas also imposes interest on unpaid support balances, increasing the financial burden for delinquent parents.

Conclusion

Child support ensures that children receive the financial resources they need to thrive. While myths and misunderstandings persist, it is essential to recognize that child support is a legal and moral obligation designed for the well-being of the child, not as a punishment to the paying parent. Understanding the laws in Texas and Arkansas can help parents navigate the system effectively and fulfill their responsibilities for their child’s benefit.

If you are dealing with child support matters and need legal assistance, Mothershed Law is here to help. Schedule a consultation today to discuss your case and receive guidance tailored to your situation.