AR HB1816

Incarceration of a noncustodial parent shall not be treated as voluntary unemployment when calculating initial or modified child support amounts under Arkansas Code § 9-14-106 and § 9-14-107.

Creates new Arkansas Code § 9-14-243 effective July 1, 2019, allowing courts to abate (reduce) child support obligations and modify payment duties for incarcerated obligors for periods of more than 90 consecutive days, unless the obligor has means to pay, is incarcerated for certain offenses under § 5-26-301 et seq., or failed to comply with a child support order.

Courts must inform incarcerated obligors in writing of their eligibility to file a petition for abatement and modification, and obligors must submit proof of incarceration and a completed affidavit of financial means.

Courts may consider multiple factors when determining if an obligor had means to pay during incarceration, including current employment income, last employment history, business income, investments, property ownership, and available cash.

Abatement becomes effective as of the first date of incarceration, and courts cannot incarcerate or impose fines for nonsupport for at least 180 days after release; the Arkansas Judicial Council must develop required petition forms and affidavits by July 1, 2019.