Child Support Modification - Arkansas

Before you use this: Complete the current Administrative Order No. 10 Child Support Worksheet and Affidavit of Financial Means. Review the existing order and case history before filing this petition; interstate, agency, and other special cases may require a different procedure.

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

DOMESTIC RELATIONS DIVISION

Case number: [CASE NUMBER]

PETITION TO MODIFY CHILD SUPPORT

Petitioner, [FULL NAME], asks the Court to modify the child support obligation in the order identified below and states:

1. Existing order and parties

1. The Court entered a child support order in this case on [__/__/____]. A copy is attached as Exhibit A. The order directs [PAYOR NAME] to pay [PAYEE NAME] $[AMOUNT] per [PERIOD] for [CHILD OR CHILDREN'S NAMES].
2. The most recent order changing or reviewing that obligation was entered on [__/__/____] by [COURT OR AGENCY; ATTACH AS EXHIBIT B IF DIFFERENT].
3. The child or children subject to this request are [NAMES AND MONTH/YEAR OF BIRTH]. [PAYOR NAME] lives in [STATE]. [PAYEE NAME] lives in [STATE]. The child or children live in [STATE].

4. ☐ No other court or agency has issued a support order for these children.
   ☐ Another order exists: [COURT/AGENCY, STATE, CASE NUMBER, DATE, AND ATTACHMENT].

5. The existing order is being enforced or administered by [AGENCY OR NONE]. Its case number is [NUMBER OR NONE].

2. Facts supporting modification

1. The basis for modification is (check and complete the applicable basis):
   ☐ A material change in circumstances since the existing order: [SPECIFIC FACTS, DATES, AND SUPPORTING DOCUMENTS].
   ☐ An inconsistency between the existing award and the current Family Support Chart amount after appropriate deductions: [OLD AND NEW AMOUNTS, CALCULATION, AND SUPPORTING DOCUMENTS]. This difference meets the applicable quantitative standard because [DETAILS]. The difference is not solely due to a Chart revision, and the prior award [WAS NOT A REBUTTAL OF THE GUIDELINE AMOUNT / WAS A REBUTTAL, BUT THE CIRCUMSTANCES THAT SUPPORTED IT HAVE CHANGED AS FOLLOWS: ____].

2. The payor's current gross monthly income is $[AMOUNT], based on [PAY STUBS/TAX RETURNS/OTHER EVIDENCE]. The payee's current gross monthly income is $[AMOUNT], based on [EVIDENCE].

3. Work-related childcare, the child's health insurance premium, and medical expenses used on the Worksheet are [AMOUNTS AND PAYING PARENT].
4. The current Administrative Order No. 10 Child Support Worksheet is attached as Exhibit [LETTER]. It calculates $[AMOUNT] per [PERIOD] for the proposed support obligation. The existing order differs by $[AMOUNT] per [PERIOD].
5. [IF A DEVIATION IS REQUESTED: STATE THE AMOUNT, SPECIFIC REASONS, EVIDENCE, AND WHY THE WORKSHEET AMOUNT WOULD BE UNJUST OR INAPPROPRIATE FOR THE CHILD. OTHERWISE: NO DEVIATION IS REQUESTED.]

3. Requested order

Petitioner asks the Court, after notice and an opportunity to respond, to:

1. Determine each parent's income and the guideline amount under Administrative Order No. 10 using the attached Worksheet;
2. Modify the existing support obligation to $[AMOUNT] per [PERIOD] beginning on [REQUESTED DATE], or on a date the Court determines lawful;
3. State in the order whether the amount follows the Worksheet or deviates from it, and give written reasons for any deviation;
4. Address [HEALTH INSURANCE / WORK-RELATED CHILDCARE / UNREIMBURSED MEDICAL COSTS / NONE] as supported by the evidence and Worksheet;
5. Direct the appropriate income withholding or payment processing in the form of order the Court enters; and
6. Grant any further relief the Court finds proper on the pleaded facts.

Petitioner does not seek a change in custody or parenting time through this petition.

4. Verification and signature

I declare under oath that the factual statements in this petition are true to the best of my knowledge and belief.

Petitioner signature: ______________________________ Date: [__/__/____]

Printed name: [PETITIONER FULL NAME]
Address for court notices: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]

Counsel, if any: [NAME, ARKANSAS BAR NUMBER, FIRM, ADDRESS, PHONE, EMAIL]

State of Arkansas, County of [COUNTY]. Subscribed and sworn before me on [__/__/____] by [PETITIONER FULL NAME].

Notary signature: ______________________________ Commission expires: [__/__/____]

5. Exhibits and service record

Exhibit A: Existing support order dated [__/__/____].
Exhibit B: Later order or agency action, if any, dated [__/__/____].
Exhibit [LETTER]: Current Administrative Order No. 10 Child Support Worksheet.
Exhibit [LETTER]: Affidavit of Financial Means and supporting income records.

Service or notice to Respondent and any agency party will be made by the method and within the time required for this case. Record the completed method, recipient, date, and proof here or in the required separate filing: [DETAILS].