Arkansas Administrative Code

9 CAR § 5-606. Liens on real and personal property. (a) The Office of Child Support Enforcement may impose a lien against the real and personal property of a noncustodial parent who: (1) Owes overdue support; and (2) Resides or owns property in the state. (b) State law provides: …

9 CAR § 5-701. Overview. (a)(1) Child support debt information may be reported to consumer reporting agencies (Credit Bureau). (2) To be reported, the amount owed: (A) Must exceed one thousand dollars ($1,000); and (B) May not include instant debt amounts entered as judgments at …

9 CAR § 5-801. State criminal nonsupport. (a) The Office of Child Support Enforcement may refer cases for state criminal nonsupport to the appropriate prosecuting attorney for consideration if, upon review of the case, it appears the obligation to support is not being met. (b) Ad…

9 CAR § 5-802. Federal criminal nonsupport. (a) Failure to pay child support is also a federal crime and may be prosecuted as such pursuant to the Child Support Recovery Act of 1992, Pub. L. No. 102-521, and the Deadbeat Parents Punishment Act of 1998, Pub. L. No. 105-187. (b) To…

9 CAR § 5-901. Overview. (a)(1) The Office of Child Support Enforcement must enforce medical support following the same program standards outlined in this part for enforcing child support. (2) If the obligated parent does not provide proof of healthcare coverage within thirty (30…

9 CAR § 5-902. Employer-sponsored healthcare coverage. (a) In all cases where either party is ordered to provide medical support through his or her employer and child support enforcement services are provided by the Office of Child Support Enforcement, the National Medical Suppor…

9 CAR § 6-101. Review. (a)(1) Child support obligations may be reviewed and adjusted, if appropriate, once every thirty-six (36) months at the request of either party or a state in an intergovernmental case. (2) There must be a change in the noncustodial parent’s gross income in …

9 CAR § 6-102. Notices. (a)(1) Notice of the right to request review and adjustment will be provided to both parties not less than once every three (3) years. (2) Parties requesting a review must sign the Request for Review and Adjustment form. (3) The nonrequesting party will re…

9 CAR § 6-103. Review and adjustment of intergovernmental cases. Intergovernmental cases will be reviewed and adjusted upon the request of another state or either party in another state only if the order is an Arkansas order, or if Arkansas can assume continuing exclusive jurisdi…

9 CAR § 6-104. Review and adjustment when a child emancipates. (a) The three-year limit on requests for review and adjustment does not apply in cases where: (1) A child is emancipating, unless the support amount was reviewed within the last three (3) years; and (2) The issue of a…

9 CAR § 6-201. Overview. (a)(1) Arkansas law provides that the noncustodial parent is to provide written notification to the clerk of the court within ten (10) calendar days when abatement or reduction of child support should occur due to extended visitation. (2) The noncustodial…

9 CAR § 7-101. Overview. (a)(1) Federal regulations provide strict guidelines for determining when it is appropriate to close a child support enforcement case. (2) The case must remain open for enforcement services if the circumstances of the case do not match one (1) of the foll…

9 CAR § 7-102. Criteria for case closure. Cases may be closed, but are not required to be, for enforcement if at least one (1) of the following criteria is met and supporting documentation for the decision to close the case is maintained in the case file: (1)(A) There is no longe…

9 CAR § 7-103. Notice of case closure. (a) A notice of intent to close a case for enforcement services will be sent to the custodial party sixty (60) days prior to the closure of the case. (b)(1) In intergovernmental cases meeting the criteria for case closure, the Office of Chil…

9 CAR § 7-104. Closing cases when legal action is pending. (a) If legal action is pending at the time the applicant requests closure, the Office of Child Support Enforcement may either: (1) Dismiss all action without prejudice; or (2) Substitute the applicant as plaintiff or movi…

9 CAR § 7-105. Closing an enforcement case. (a)(1) After a closure notice has been generated and the sixty-day period has passed, a case will either: (A) Change to a payment processing case; or (B) Close altogether. (2) If a valid Arkansas order exists, and a continuing current o…

9 CAR § 7-106. Intergovernmental case closure. (a)(1) Federal regulations authorize the responding state to close an intergovernmental case when it documents a failure on the part of the initiating state to take an action that is essential for the next step in providing services.…

9 CAR § 7-107. Reopening of closed cases. (a) Custodial parties whose case was previously closed for enforcement services may request the case be reopened upon submitting an application and fees, if applicable. (b) The application will be reviewed to determine if the circumstance…

9 CAR § 8-101. Noncustodial parent costs and fees. (a) Arkansas law requires that all orders directing payments through the registry of the court or through the Arkansas Child Support Clearinghouse must set a fee to be paid by the noncustodial parent until the child support oblig…

9 CAR § 8-102. Custodial party costs and fees. (a) Costs and fees are charged to the custodial party who applies for Office of Child Support Enforcement services and in intergovernmental cases. (b) However, pursuant to federal regulations, fees may not be charged to a custodial p…

9 CAR § 8-103. Intergovernmental cases. (a) Interstate cases. (1) Custodial parties in interstate cases will be charged fees according to the same cost schedule as intrastate cases, whether initiating or responding, and regardless of whether the other state also charges fees. (2)…

9 CAR § 8-104. Debt recovery. (a) The Office of Child Support Enforcement Debt Recovery Section concentrates on the collection of debts, including but not limited to: (1) Administrative fees; (2) Costs; (3) Custodial party overpayments; and (4) The collection of insufficient fund…

9 CAR § 8-201. Distribution order. (a)(1) Child support payments collected in open enforcement cases, with the exception of federal income tax refund offsets, are distributed first to the support obligation due in the month in which the payment was collected. (2) The date of coll…

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9 CAR § 8-302. Stale-dated and lost/stolen checks. (a)(1) There is a waiting period of fourteen (14) calendar days from the date the check was mailed before action can be taken on a lost or stolen check. (2) However, if it is determined that the check was mailed to an incorrect a…

9 CAR § 8-303. Insufficient funds. (a) If the bank returns a check unpaid because of insufficient funds, the Office of Child Support Enforcement: (1) Will pursue payment in the manner required by law; and (2) May restrict the payor’s check-writing privileges as permitted by Arkan…

9 CAR § 8-304. Overpayments. (a) Custodial party reimbursement. (1)(A) The Office of Child Support Enforcement will make every effort to ensure that payments are posted and disbursed correctly. (B) However, if the office made an error, if payments were made by a check on which a …

9 CAR § 8-401. Overview. (a) Payments made to the Arkansas Child Support Clearinghouse may be made by: (1) Check; (2) Money order; (3) Cashier’s check; (4) Through Office of Child Support Enforcement MyCase by credit card or eCheck; or (5) Any other form of payment that may be av…

9 CAR § 8-402. Direct payments from the noncustodial parent to the custodial party. (a) In order to ensure proper credit is given for payments made, all child support payments should be made through the Arkansas Child Support Clearinghouse. (b)(1) If a custodial party who has an …

9 CAR § 9-101. Overview. (a)(1) The purpose of an Office of Child Support Enforcement administrative hearing is to provide an opportunity for the review of an administrative action before that action is taken which a party believes will be adverse to their interest. (2) For the p…

9 CAR § 9-102. Initiating an administrative hearing. (a) Written request. (1)(A) A party, or their attorney, may request an administrative hearing by submitting a written request to the office specified on the notice of the intended administrative action. (B) That request must be…

9 CAR § 9-103. Scheduling hearings. (a)(1) The hearing officer will schedule the hearing to afford the parties, and their attorneys, if any, notice of the date, place, and time of the hearing. (2) The hearing may be rescheduled at the discretion of the hearing officer or at the r…

9 CAR § 9-104. Interpreters. (a) If a foreign language interpreter or an interpreter for the hearing impaired is required by the party requesting the hearing, the party shall advise the General Counsel section, in writing, no later than ten (10) days prior to the scheduled hearin…

9 CAR § 9-105. Witnesses. (a)(1) The party and/or his or her representative will be notified by the General Counsel section that fifteen (15) days are allowed from the date of the notice to review the hearing file at the office indicated in the notice. (2) The notice will also ad…

9 CAR § 9-106. Place of hearings. (a) The hearing will normally be held at the Office of Child Support Enforcement Central Office, Little Rock, Arkansas. (b) At the request of a party, and/or at the discretion of the hearing officer, the hearing may be held at an office field off…

9 CAR § 9-107. Abandoning the administrative hearing request. If the requesting party fails to appear for the hearing and has not received the consent of the hearing officer to a postponement, the administrative appeal will be considered abandoned.

9 CAR § 9-108. Initiating office. (a) The initiating office will provide pertinent information relating to the issues of the case and be prepared to question any witnesses who are presented as well as the party requesting the hearing. (b) In hearing requests relating to state or …

9 CAR § 9-109. Conduct of hearing. (a) The hearing will be conducted by a hearing officer who is an attorney assigned by the General Counsel section. (b) No person who participated in the decision that is being appealed may serve as the hearing officer. (c) The administrative hea…

9 CAR § 9-110. Hearing decision. (a) Final order. (1) The hearing officer will prepare and sign a final order based on: (A) Testimony of the parties; (B) Documents presented; and (C) Statements of party representatives. (2) A copy of the final order will be mailed to the party ap…

9 CAR § 9-111. Intergovernmental cases involving federal tax offset. (a) If an administrative hearing is requested in an intergovernmental case, the hearing may be conducted by the state that issued the child support order at the request of the noncustodial parent. (b) When an ad…

9 CAR § 150-101. Purpose. To establish criteria for the Department of Corrections to access confidential records for the purpose of creating risk assessments, treatment plans, classification plans, or supervision plans for each juvenile who has been sentenced pursuant to extended…

9 CAR § 150-102. Applicability. Employees of the: (1) Division of Correction; and (2) Division of Community Correction.

9 CAR § 150-103. Definitions. As used in this part: (1) “Custody” means immediate charge and physical control of an individual committed by an order of a circuit or juvenile court of the State of Arkansas to the Department of Corrections; (2) “Extended juvenile jurisdiction (EJJ)…

9 CAR § 150-104. Policy. (a) It shall be the policy of the Board of Corrections to safeguard any juvenile records from disclosure to unauthorized individuals while developing appropriate risk assessment, treatment, classification, and supervision plans for an offender. (b) Upon n…

9 CAR § 150-105. Procedures. (a) Division of Youth Services shall notify the Department of Corrections in writing of the impending transfer of any EJJ offender being transferred into the custody of or under the supervision of the department as an adult. (b) The Chief Counsel of t…

9 CAR § 150-106. Implementation. (a)(1) The Secretary of the Department of Corrections may issue directives to implement the guidance contained within this part. (2) Directives issued pursuant to this part must be reviewed by the Board of Corrections prior to issuance. (b) Implem…

9 CAR § 30-101. Definitions. As used in this part: (1) “Adoption agency” means a child placement agency that places, plans for, or assists in the placement of an unrelated minor in a household of one (1) or more persons that has been approved to accept a child for adoption; (2) “…