(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 parent is to provide copies of this notice to:
- (A) His or her employer, if income withholding is in effect; and
- (B) The Office of Child Support Enforcement, if applicable.
- (3) The law specifically provides that it is the responsibility of the noncustodial parent to provide this notification.
(b)
(1) It is the responsibility of the noncustodial parent to inform the employer:
- (A) To abate or reduce child support in accordance with the court order; and
- (B) When to resume the payment of child support.
- (2) If an employer requires a new income withholding before making any adjustment to the withholding, the office may issue a new income withholding form for open enforcement cases at the request of the NCP or employer if the support order specified such abatement.
- (3) Once the visitation period is over, the office will issue another income withholding notice to the employer for the full amount of support ordered.
(c)
- (1) Arkansas law does not require that the noncustodial parent is responsible to notify the custodial party of abatement or reduction of child support due to the visitation.
- (2) However, in order to ensure that arrearage balances remain accurate, if a notice is received indicating that the child support obligation should be reduced for the period of the visitation, the caseworker should verify with the custodial party that the noncustodial parent has had custody of the dependents for the time specified.
- (3) Any necessary adjustments to the child support obligation should be made in accordance with the court order.
- (4) If it is revealed that the noncustodial parent did not have the dependents for the time reported, any failure to pay the correct amount of support may be addressed in a future court proceeding.
Codification Notes: “NCP” means noncustodial parent.