IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS
[CIVIL / DOMESTIC RELATIONS] DIVISION
PETITION TO MODIFY CHILD SUPPORT ORDER
(Ark. Code Ann. § 9-14-237; Ark. Sup. Ct. Admin. Order No. 10)
[// GUIDANCE: Replace bracketed text with matter-specific information. Delete any inapplicable bracketed options.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties.
(a) Petitioner: [PETITIONER FULL LEGAL NAME], an individual residing at [ADDRESS].
(b) Respondent: [RESPONDENT FULL LEGAL NAME], an individual residing at [ADDRESS].
1.2 Caption & Case Information.
Court: Circuit Court of [COUNTY] County, Arkansas – Domestic Relations Division
Case No.: [CASE NUMBER] (if existing)
1.3 Recitals.
A. On [DATE OF ORIGINAL ORDER], this Court entered a Child Support Order (the “Existing Order”) requiring Respondent to pay child support for the minor child(ren) of the parties.
B. A material change in circumstances has occurred as defined under Ark. Code Ann. § 9-14-237(a)(2) and Ark. Sup. Ct. Admin. Order No. 10, warranting modification of the Existing Order.
C. Petitioner files this Petition to modify the Existing Order consistent with the Arkansas Family Support Chart and accompanying guidelines.
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:
“Administrative Order No. 10” means Arkansas Supreme Court Administrative Order No. 10, including any amendments in effect on the date this Petition is filed.
“Child(ren)” or “Minor Child(ren)” means the following minor child(ren) of the parties:
• [CHILD NAME 1], born [DOB];
• [CHILD NAME 2], born [DOB]; etc.
“Existing Order” has the meaning assigned in Recital A.
“Material Change in Circumstances” means a change that results in a deviation of 20% or more, or $100 per month or more, from the child-support amount set by the Existing Order, or any other circumstance set forth in Ark. Code Ann. § 9-14-237(a)(2).
“Party” and “Parties” refer to Petitioner and Respondent, individually and collectively.
3. OPERATIVE PROVISIONS
3.1 Jurisdiction & Venue.
This Court has continuing, exclusive jurisdiction under Ark. Code Ann. § 9-17-205 because Arkansas issued the Existing Order and either (i) the child(ren) or (ii) at least one Party continue to reside in Arkansas. Venue is proper in [COUNTY] County pursuant to Ark. Code Ann. § 16-13-304.
3.2 Material Change Allegations.
(a) Income Shift. Respondent’s gross monthly income has increased from $[PRIOR] to $[CURRENT], verified by pay stubs and tax returns attached hereto as Exhibit “A.”
(b) Health-Care Costs. The child(ren)’s annual health-insurance premium has changed from $[PRIOR] to $[CURRENT].
(c) Child-Care Expenses. Necessary work-related child-care costs have increased/decreased to $[AMOUNT] per month.
(d) Additional Circumstances. [DESCRIBE ANY OTHER FACTORS, e.g., emancipation of one child.]
3.3 Requested Modification.
Petitioner requests that child support be recalculated under Administrative Order No. 10 based on the Respondent’s current income, adjusted for credits, resulting in a presumptive obligation of $[NEW AMOUNT] per month, effective [EFFECTIVE DATE].
3.4 Wage Garnishment.
Petitioner requests that any modified support obligation be enforced by immediate income withholding pursuant to Ark. Code Ann. § 9-14-218.
3.5 Medical & Dental Insurance.
Petitioner requests that Respondent be ordered to maintain comprehensive medical, dental, and vision insurance for the child(ren) and pay [PERCENTAGE]% of unreimbursed medical expenses exceeding $[THRESHOLD] annually.
3.6 Tax Exemptions.
Petitioner seeks allocation of federal and state tax exemptions in alternating years beginning tax year [YEAR], contingent on Respondent being current in support at year-end.
4. REPRESENTATIONS & WARRANTIES
4.1 Accurate Information. Petitioner represents that all financial data provided herein and in the attached Affidavit of Financial Means is true, correct, and complete to the best of Petitioner’s knowledge.
4.2 Compliance With Notice Requirements. Petitioner warrants that service of process will be effected in compliance with Ark. R. Civ. P. 4 and any applicable Hague Convention provisions, if necessary.
4.3 No Prior Modifications Pending. Petitioner represents that no other action to modify child support concerning the same child(ren) is currently pending in any jurisdiction.
[// GUIDANCE: Consider adding a survival clause if the Parties later stipulate in writing; however, most court pleadings do not require it.]
5. COVENANTS & RESTRICTIONS
5.1 Duty to Supplement. Each Party shall promptly supplement financial disclosures if any material change occurs prior to final adjudication.
5.2 Non-Retaliation. No Party shall harass, intimidate, or retaliate against the other for exercising rights under this Petition.
5.3 Parenting Time. Nothing herein modifies legal custody or established parenting-time schedules. Any such relief must be sought by separate pleading.
6. DEFAULT & REMEDIES
6.1 Events of Default. Failure of Respondent to (i) pay support as ordered, (ii) provide required insurance, or (iii) comply with discovery obligations shall constitute an event of default.
6.2 Remedies. Upon default, Petitioner may request:
(a) Contempt citation under Ark. Code Ann. § 9-14-235;
(b) Entry of judgment for arrearages plus 10% annual interest;
(c) Suspension of licenses pursuant to Ark. Code Ann. §§ 9-14-239 & 27-16-907;
(d) Attorneys’ fees and costs under Ark. Code Ann. § 9-12-309.
6.3 Cure Period. Respondent shall have [10] calendar days after written notice of default to cure before further relief is sought, unless immediate wage withholding applies by statute.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable to this proceeding.
7.2 Limitation of Liability. Any money judgment shall be limited to statutorily-permitted percentages of disposable income as determined under 15 U.S.C. § 1673(b) and Ark. Code Ann. § 16-66-208.
7.3 Force Majeure. Economic hardship alone does not excuse non-payment absent further court order. A Party may petition for temporary abatement if circumstances satisfy Ark. Code Ann. § 9-14-234.
8. DISPUTE RESOLUTION
8.1 Governing Law. This proceeding shall be governed by the laws of the State of Arkansas.
8.2 Forum Selection. Exclusive venue lies in the Circuit Court of [COUNTY] County, Arkansas – Domestic Relations Division.
8.3 Arbitration. Not available for child-support matters under Arkansas public policy.
8.4 Jury Waiver. Family-court matters are tried to the court; no jury demand is available or asserted.
8.5 Injunctive Relief. Petitioner expressly preserves the right to seek immediate income withholding orders and any other equitable relief deemed necessary for the welfare of the child(ren).
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any waiver of rights hereunder must be in writing and approved by the Court; no oral waiver is effective.
9.2 Assignment. Child-support obligations are non-assignable except as permitted by 42 U.S.C. § 666 and Ark. Code Ann. § 9-14-234(e).
9.3 Severability. If any provision herein is found unenforceable, the remainder shall continue in full force to the extent consistent with Arkansas law.
9.4 Entire Petition. This Petition, together with attachments, constitutes the complete request for relief concerning modification of child support.
9.5 Electronic Signatures. Pursuant to Ark. Sup. Ct. Admin. Order No. 21, electronic signatures shall be deemed original.
10. EXECUTION BLOCK
DATED: __, 20___.
Respectfully submitted,
[PETITIONER FULL LEGAL NAME]
Petitioner, Pro Se / By Counsel
[LAW FIRM NAME, BAR NO., ADDRESS, PHONE, EMAIL]
[// GUIDANCE: If petitioner is represented, insert attorney signature block complying with Ark. R. Civ. P. 11. If pro se, omit firm information.]
VERIFICATION
I, [PETITIONER NAME], being duly sworn, state that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge and belief.
[PETITIONER NAME]
SUBSCRIBED AND SWORN before me this ___ day of __, 20.
Notary Public
My Commission Expires: _____
CERTIFICATE OF SERVICE
I certify that on the ___ day of __, 20, a true and correct copy of this Petition, together with all exhibits, was served upon [RESPONDENT NAME] at [ADDRESS] by [ ] certified mail, return receipt requested | [ ] personal service by [PROCESS SERVER NAME] | [ ] other method approved by Ark. R. Civ. P. 4.
[PETITIONER / ATTORNEY NAME]
[// GUIDANCE: Attach the following exhibits as needed:
• Exhibit “A” – Financial Documentation (pay stubs, tax returns)
• Exhibit “B” – Affidavit of Financial Means (AO 10 Form)
• Exhibit “C” – Proposed Child Support Worksheet]