Arkansas Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

In Arkansas, all changes to child support orders must be signed by a judge. OCSE provides services that include changing an order if it's appropriate. To avoid unnecessary legal fees, OCSE does what we call a review before beginning the legal process.

Arkansas has recently updated its method of calculating child support obligations through Administrative Order No. 10. The previous method only considered the income of the non-custodial parent, but the new ?income-sharing? model takes into account the income of both parents.

Either parent can get help to have a child support order reviewed at least every three years, or whenever there is a substantial change in circumstances, to ensure that the order remains fair.

Early termination of a child support order can occur when the child is emancipated by a court order, marries, or dies; upon the marriage of the parents to each other; or upon the entry of a decree of adoption that has become final and relieves the obligor of all parental rights and responsibilities.

Calculating Child Support In Arkansas The parents' gross monthly income is added together to determine their basic support obligation. Dad's child support amount is then calculated based on his pro rata obligation.

Under Arkansas law, a modification to a divorce decree requires a material change of circumstances. These cannot be changes that occur in the normal course of life, like relocation, remarriage or new siblings. Material changes are often limited to those that involve criminal activity by a parent or new step-parent.

If the parties share true joint custody and have similar income levels, the court may not require child support to be paid by either party. However, if there is a large income disparity between the parties, then the court will typically perform an offset of child support.

In Arkansas, the duty to pay child support for a minor child ends automatically when a child turns 18 unless the child is still attending high school. If the child is attending high school, then the child support will continue through the end of the school year or graduation, or the child turns 19, whichever is sooner.

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Arkansas Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support