Fill and Sign the Ar Child Form

IN RE: ADMINISTRATIVE ORDER NUMBER 10: ARKANSAS CHILD SUPPORT GUIDELINES ___ S.W.2d ___ Supreme Court of Arkansas Opinion delivered January 22, 1998 Per Curiam. On September 25, 1997, based on recommendations received from the Supreme Court Committee on Child Support pursuant to P.L. 100 - 485 and Ark. Code Ann. §9 - 12 - 312(a), this Court published Administrative Order Number 10, adopting the most recent version of the child - support guidelines including the weekly and monthly family support charts and the Affidavit of Financial Means. The Order became effective October 1, 1997, and certain corrections were made to the charts before the Order reached the printer. The Committee has now apprised the Court of an unintended omission on the Affidavit of Financial Means. On page one of the Affidavit, Number 10 should include "(h) child care." This item is not a new consideration, having been included on the Affidavit of Financial Means since the Court first adopted it for use in 1991. THEREFORE, effective immediately, the Court republishes Administrative Order Number 10: Arkansas: Arkansas Child Support Guidelines in its entirety including the corrected weekly and monthly family support charts and the corrected Affidavit of Financial Means. Newbern, J. dissents. I dissent for the reasons stated in the dissenting opinion of Hickman, J., when the per curiam order adopting the guidelines was issued. In re: Guidelines for Child Support Enforcement, 301 Ark. 627, 784 S.W.2d 589 (1990). ADMINISTRATIVE ORDER NUMBER 10 - - CHILD SUPPORT GUIDELINES SECTION I. AUTHORITY AND SCOPE. Pursuant to Act 948 of 1989, as amended, codified at Ark. Code Ann. § 9 - 12 - 312(a) and the Family Support Act of 1988, Pub. L. No. 100 - 485 (1988), the Court adopts and publishes Administrative Order Number 10 - - Child Support Guidelines. This Administrative Order includes and incorporates by reference the attached weekly and monthly family support charts and the attached Affidavit of Financial Means. It is a rebuttable presumption that the amount of child support calculated pursuant to the most recent revision of the Family Support Chart is the amount of child support to be awarded in any judicial proceeding for divorce, separation, paternity, or child support. The court may grant less or more support if the evidence shows that the needs of the dependents require a different level of support. It shall be sufficient in a particular case to rebut the presumption that the amount of child support calculated pursuant to the Family Support Chart is correct, if the court enters in the case a specific written finding within the Order that the amount so calculated, after consideration of all relevant factors, including the best interests of the child, is unjust or inappropriate. Findings that rebut the guidelines shall state the payor's income, recite the amount of support required under the guidelines, recite whether or not the Court deviated from the Family Support Chart and include a justification of why the order varies from the guidelines as may be permitted under SECTION V. hereinafter. SECTION II. DEFINITION OF INCOME. Income means any form of payment, periodic or otherwise, due to an individual, regardless of source, including wages, salaries, commissions, bonuses, worker's compensation, disability, payments pursuant to a pension or retirement program, and interest less proper deductions for: 1. Federal and state income tax; 2. Withholding for Social Security (FICA), Medicare, and railroad retirement; 3. Medical insurance paid for dependant children, and 4. Presently paid support for other dependents by Court order. SECTION III. CALCULATION OF SUPPORT. a. Basic Considerations. The most recent revision of the family support charts is based on the weekly/monthly income of the payor parent as defined in Section II. For purposes of computing child support payments, a month consists of 4.334 weeks. Biweekly means a payor is paid once every two weeks or 26 times during a calendar year. Bimonthly means a payor is paid twice a month or 24 times during a calendar year. Use the lower figure on the chart for income to determine support. Do not interpolate (i.e., use the $200.00 amount for all income pay between $200.00 and $210.00 per week.) The amount paid to the Clerk of the Court or to the Arkansas Clearinghouse for administrative costs pursuant to Ark. Code Ann. § 9 - 12 - 312(e)(3); § 9 - 10 - 109(b)(1); and § 9 - 14 - 804 is not to beincluded as support. b. Income Which Exceeds Chart. When the payor's income exceeds that shown on the chart, use the following percentages of the payor's weekly or monthly income as defined in SECTION II. to set and establish a sum certain dollar amount of support: One dependent: 15% Two dependents: 21% Three dependents: 25% Four dependents: 28% Five dependents: 30% Six dependents: 32% c. Nonsalaried Payors. For Social Security Disability recipients, the court should consider the amount of any separate awards made to the disability recipient's spouse and/or children on account of the payor's disability. For Veteran's Administration disability recipients, Workers' Compensation disability recipients, and Unemployment Compensation recipients, the court shall consider those benefits as income. For military personnel, see latest military pay allocation chart and benefits. BAQ (quarters allowance) should be added to other income to reach total income. Military personnel are entitled to draw BAQ at a "with dependents" rate if they are providing support pursuant to a court order. However, there may be circumstances in which the payor is unable to draw BAQ or may draw BAQ only at the "without dependents" rate. Use the BAQ for which the payor is actually eligible. In some areas, military personnel receive a variable allowance. It may not be appropriate to include this allowance in calculation of income since it is awarded to offset living expenses which exceed those normally incurred. For commission workers, support shall be calculated based on minimum draw plus additional commissions. For self - employed payors, support shall be calculated based on last year's federal and state income tax returns and the quarterly estimates for the current year. Also the court shall consider the amount the payor is capable of earning or a net worth approach based on property, life - style, etc. d. Imputed Income. If a payor is unemployed or working below full earning capacity, the court may consider the reasons therefor. If earnings are reduced as a matter of choice and not for reasonable cause, the court may attribute income to a payor up to his or her earning capacity, including consideration of the payor's life - style. Income of at least minimum wage shall be attributed to a payor ordered to pay child support. e. Spousal Support. The chart assumes that the custodian of dependent children is employed and is not a dependent. For the purposes of calculating temporary support, a dependent custodian should be counted as two dependents as a guide in determining support. For final hearings, the court should consider all relevant factors, including the chart, in determining the amount of any spousal support to be paid. f. Allocation of Dependents for Tax Purposes. Allocation of dependents for tax purposes belongs to the custodial parent pursuant to the Internal Revenue Code. However, the Court shall have the discretion to grant dependency allocation, or any part of it, to the noncustodial parent if the benefit of the allocation to the noncustodial parent substantially outweighs the benefit to the custodial parent. g. Health Insurance. In addition to the award of child support, the court order shall provide for the child's health care needs, which would normally include health insurance if available to either parent ata reasonable cost. SECTION IV. AFFIDAVIT OF FINANCIAL MEANS. The Affidavit of Financial Means shall be used in all family support matters. The trial court shall require each party to complete and exchange the Affidavit of Financial Means prior to a hearing to establish or modify a support order. SECTION V. DEVIATION CONSIDERATIONS. a. Relevant Factors. Relevant factors to be considered by the court in determining appropriate amounts of child support shall include: 1. Food; 2. Shelter and utilities; 3. Clothing; 4. Medical expenses; 5. Educational expenses; 6. Dental expenses; 7. Child care; 8. Accustomed standard of living; 9. Recreation; 10. Insurance; 11. Transportation expenses; and 12. Other income or assets available to support the child from whatever source. b. Additional Factors. Additional factors may warrant adjustments to the child support obligations and shall include: 1. The procurement and/or maintenance of life insurance, health insurance, dental insurance for the children's benefit; 2. The provision or payment of necessary medical, dental, optical, psychological or counseling expenses of the children (e.g. orthopedic shoes, glasses, braces, etc.); 3. The creation or maintenance of a trust fund for the children; 4. The provision or payment of special education needs or expenses of the child; 5. The provision or payment of day care for a child; 6. The extraordinary time spent with the noncustodial parent, or shared or joint custody arrangements; and 7. The support required and given by a payor for dependent children, even in the absence of a court order. SECTION VI. ABATEMENT OF SUPPORT DURING EXTENDED VISITATION. The guidelines assume that the noncustodial parent will have visitation every other weekend and for several weeks during the summer. Excluding weekend visitation with the custodial parent, in those situations where a child spends in excess of 14 consecutive days with the noncustodial parent, the court should consider whether an adjustment in child support is appropriate, giving consideration to the fixed obligations of the custodial parent which are attributable to the child, to the increased costs of the noncustodial parent associated with the child's visit, and to the relative incomes of both parents. Any partial abatement or reduction of child support should not exceed 50% of the child support obligation during the extended visitation period of more than 14 consecutive days. In situations in which the noncustodial parent has been granted annual visitation in excess of 14 consecutive days, the court may prorate annually the reduction in order to maintain the same amount of monthly child support payments. However, if the noncustodial parent does not exercise said extended visitations during a particular year, the noncustodial parent shall be required to pay the abated amount of child support to the custodial parent. SECTION VII. PROVISION FOR PAYMENT. All orders of child support should fix the dates on which payments should be made. All support orders issued shall include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement as required byArk. Code Ann. § 9 - 14 - 218(a)(3)(A). Payment should be made through the Clerk of the Court or the Arkansas Clearinghouse pursuant to Ark. Code Ann. § 9 - 14 - 805. Times for payment should ordinarily coincide with the payor's receipt of salary, wages, or other income. IN THE CHANCERY COURT OF _____________________COUNTY, ARKANSAS _______________________Division STATE OF ARKANSAS ___________________ COUNTY OF _____________________ AFFIDAVIT OF FINANCIAL MEANS REVISED 01 - 98 _________________________________________ Plaintiff vs. _________________________________________ Case No.__________________________________ __________________________________________ Defendant THE AFFIANT, BEING DULY SWORN, SAYS UNDER PENALTY OF PERJURY THAT AFFIANT IS THE PLAINTIFF( ) DEFENDANT( ) PARTY( ) ( CHECK ONE) TO THIS SUPPORT ACTION HEREIN, HAS PREPARED THIS FINANCIAL STATEMENT, KNOWS THE CONTENTS THEREOF, AND THAT IT IS TRUE AND CORRECT. INCOME Complete item 27 on page 3 1. My weekly take - home pay (from line 27 (i) on page 3)_________________. 2. I claim ____ dependents for the purpose of determining my State of Arkansas withholding. I claim ____ dependents for the purpose of determining my federal withholding. I did( ) or did not( ) (check one) claim myself as dependent. I do( ) or do not( ) (check one) have additional amount withheld from my payroll checks for tax purposes and, if so, that amount is ______________per week of ______________per pay period and itemized on reverse side. All other deductions taken from my payroll check before I receive it: total: ______________(from line j8 on page 3). 3. I have income from the following other sources: _____________________________________________________________________________. 4. I have cash on hand in the amount of ________________from the following source(s): ____________________________________________________________________. 5. I have on deposit in banks and savings institutions_______________________ and its source was_______________________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________. 6. I have stocks and bonds in the amount of ____________ and their source was__________________________________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________. (Attach additional schedules as needed) CREDITORS Complete items 28,29 and 30 on page 4 7. Debts in the name of the plaintiff only: ALL CREDITORS LISTED ON PAGE 4 TOTAL UNPAID BALANCES $ (a)____________TOTAL MONTHLY PAYMENTS (b)____________ 8. Debts in the name of defendant only: ALL CREDITORS LISTED ON PAGE 4 TOTAL UNPAID BALANCES $ (a)____________TOTAL MONTHLY PAYMENTS $ (b)___________ 9. Debts in our JOINT NAMES are: ALL CREDITORS LISTED ON PAGE 4 TOTAL UNPAID BALANCES $ (a)____________TOTAL MONTHLY PAYMENTS $ (b)____________ MONTHLY EXPENSES 10. My present necessary monthly expenses to support myself and ________child(ren) are: (a) Rent or housepayment $__________ (i) Medical $__________ (b) Gas and electricity $__________ (j) Drugs $__________ (c) Water $__________ (k) Life Insurance $__________ (d) Telephone $__________ (l) Auto Insurance $__________ (e) Food $__________ (m) Fire Insurance $__________ (f) Clothing $__________ (n) Transportation $__________ (g) Laundry $__________ (o) Other Expenses$__________ (h) Child Care $__________ ( Attach schedules if needed) TOTAL $__________ A check mark should be placed by all expenses which are not being paid currently. GENERAL INFORMATION 11. My full name is __________________________________________________. 12. My social security number is ___________________________ Military I.D. No. (if applicable) 13. My Arkansas Driver's License Number is _______________________________. 14. My date of birth is ____________________________. My place of birth is_____________________________. 15. My present resident address is ________________________________________. 16. The full name of children born (or legally adopted) of this marriage are: (1)________________________________Date of Birth____________ S.S. No._________________________ (2)________________________________Date of Birth____________ S.S. No._________________________ (3)________________________________Date of Birth____________ S.S. No._________________________ (4)________________________________Date of Birth____________ S.S. No._________________________ (5)________________________________Date of Birth____________ S.S. No._________________________ (6)________________________________Date of Birth____________ S.S. No._________________________ (Attach additional schedule for additional children) 17. My employer is __________________________________________________. 18. My employer's full address is _________________________________________. 19. My home telephone number is _________________. My work telephone number is_______________________ INFORMATION ABOUT OPPOSING PARTY IN THIS CASE, IF KNOWN (DO NOT GUESS) 20. The opposing party's full name is ______________________________________. 21. The opposing party's social security number is____________Military I.D. No. (if applicable) 22. The opposing party's Arkansas Driver's License Number is __________________. 23. The opposing party's present resident address is ___________________________ _____________________________________________________________________________. 24. The opposing party's employer is ______________________________________ _____________________________________________________________________________. 25. The opposing party's employer's address _________________________________ _____________________________________________________________________________. 26. The opposing party's home telephone number________________work telephone_______________________. INCOME 27. How often are you paid, and what are your gross wages,salary or commissions due each time? * WEEKLKY * BIWEEKLY * SEMI - MONTHLY * MONTHLY * OTHER 52 times a year 26 times a year 24 times a year 12 times a year explain PAYROLL DEDUCTIONS (a) GROSS WAGES. $______________ (b) Federal Income Tax Withheld. _______________ (c) Arkansas Income Tax Withheld ________________ (d) Social Security (FICA), Medicare, or railroad retirement equivalent ________________ (e) Health Insurance (children only) ________________ (f) Court ordered child support for dependents of previous marriage or previously legally determined adopted or illegitimate children ________________ (g) TOTAL WITHHELD (b) thru (f) above _______________ (h) INCOME PAY PER PAY PERIOD(Subtract (g) from (a) above $_____________ (i) CONVERT TO WEEKLY INCOME & CARRY TO LINE 1 (on front) $_____________ Example: h above $300 & is received bi - weekly, 26 X $300 = $7,800 divided by 52 = $150 per week Carry $150 to line 1 on front (j) OTHER ITEMS WITHHELD FROM MY CHECK ARE: (1) Union Dues (1)_______________ (2) Credit Union, thrift plans (2)_______________ (3) Pension Benefits, stock purchase plans (3)_______________ (4) Charitable contributions (4)_______________ (5) Debt Payments, garnishments (5)_______________ (6) Life Insurance payments (6)_______________ (7) Other (identify) (7)_______________ Items (1) through (7) above are not allowed in computing income. (8) TOTAL WITHHELD (total (1) thru (7) above) (8)______________ CREDITORS & DEBTS 28. Debts in the name of PLAINTIFF/Party only are: Creditors 1. _________________________________________________ 2. _________________________________________________ 3. __________________________________________________ 4. __________________________________________________ 5. __________________________________________________ 6. __________________________________________________ Attach additional schedules as needed, the TOTAL: (Total Unpaid Balance) 1. $________________ 2. $________________ 3. $________________ 4. $________________ 5. $________________ 6. $________________* *Carry to line 7a on page 1 (Monthly Payments) 1. $________________ 2. $________________ 3. $________________ 4. $________________ 5. $________________ 6. $________________* *Carry to line 7b on page 1 29. Debts in the name of DEFENDANT only are: Creditors 1. _________________________________________________ 2. _________________________________________________ 3. __________________________________________________ 4. __________________________________________________ AR-01980