- (a) Arkansas law requires that all orders directing payments through the registry of the court or through the Arkansas Child Support Clearinghouse must set a fee to be paid by the noncustodial parent until the child support obligation has ended and there are no longer arrears due.
(b)
(1) Payments made for this administrative fee may be made on an annual or quarterly basis online through the Office of Child Support Enforcement website, in the form of:
- (A) A check or money order payable to the office; or
- (B) Such other legal tender that the office may accept.
- (2) This administrative fee payment is separate and apart from the support payment, and under no circumstances will the support payment be reduced to fulfill the payment of this fee.
- (3) The administrative fee will not be assessed in the year that the case is entered in the system.
(c)
(1) In addition, the office will petition the court for:
- (A) Award of attorney fees and the cost associated with litigation, including the cost of paternity testing; and
- (B) The recovery of fees for child support services generated due to the failure of the NCP to pay his or her obligation.
- (2) However, noncustodial parents who must cooperate with child support services as a condition of receiving SNAP benefits shall not be charged attorney fees or court costs, including the costs of paternity testing.
(d) Cost and fee recovery.
(1)
- (A) Statements will be sent to noncustodial parents regularly when costs and/or fees are owed.
- (B) The billing statements will provide an itemized list of costs and fees assessed during the current period, and any outstanding balance remaining due.
(2)
- (A) Noncustodial parents who owe fees or owe a debt to the state of fifty dollars ($50.00) or more will be certified for state tax intercept.
- (B) State tax intercepts are distributed in the order of:
(i) Current support;
(ii) Arrears; and
- (iii) Fees.
- (C) Excess payments will be applied to any cost or fee balance.
- (D) Other legal action such as, but not limited to, garnishment may be taken to collect outstanding fee and cost balances.
Codification Notes: “NCP” means noncustodial parent.