9 CAR § 8-102 – Custodial party costs and fees

(a) Costs and fees are charged to the custodial party who applies for Office of Child Support Enforcement services and in intergovernmental cases.
(b) However, pursuant to federal regulations, fees may not be charged to a custodial party who:
1. (1) Must cooperate with child support services because:
  1. (A) The custodial party receives TEA services;
  2. (B) The custodial party and the child receives Medicaid; or
  3. (C) The custodial party receives SNAP benefits; or
2. (2) Receives Medicaid or if the child for whom the custodial party is seeking services receives Medicaid.
(c)
1. (1) Fees or costs for services including but not limited to legal fees noted below, generated because of a breach by the noncustodial parent of an agreement or a court order, will be incorporated into the request for relief and reduced to judgment in favor of the office against the noncustodial parent.
2. (2) Fees and costs based on such judgment and recovered from the noncustodial parent will offset fees assessed to the custodial party.
(d) The cost schedule is as follows: Application Fee – The application fee per noncustodial parent is twenty-five dollars ($25.00). This is paid by the applicant at the time the application for services is submitted. The application fee is charged per case and is nonrefundable and nonreimbursable. Base Cost – Base cost is charged the first of each month if a payment was received during the previous month. The base cost is thirteen percent (13%) of the amount disbursed to the family for the previous month up to a maximum of eighteen dollars ($18.00) per month. Legal Action Initiation of legal action, eighty dollars ($80.00). It is assessed when complaint, motion or petition, order and citation, affidavit and arrest warrant, notice/order of hearing, or other pleadings or notices are prepared and forwarded to the clerk for processing.Out-of-court settlement, one hundred dollars ($100). It is assessed when court action is resolved prior to court appearance in all cases.In-court settlement, one hundred fifty dollars ($150). It is assessed when court action is resolved at the court appearance without trial.Trial, two hundred fifty dollars ($250). It is assessed when court action is resolved by the court after hearing. Other Actual costs will be assessed based on actual costs incurred by the agency for monies expended including, but not limited to, the actual cost of transcripts, depositions, witness fees, paternity tests, Internal Revenue Service full collection process, filing fees, service of process, and other litigation costs, including federal offset program fees, not to exceed twenty-five dollars ($25.00) if the offset is over one hundred dollars ($100).Financial Institution Levy Fee, thirty-five dollars ($35.00). This fee will be charged for each levy that results in a monetary recovery from a participating financial institution.Insurance Claim Levy Fee, thirty-five dollars ($35.00). This fee will be charged for each levy that results in a monetary recovery from an insurance claim.
(e) Cost and fee recovery.
1. (1)
  1. (A) Fees and costs assessed in open enforcement cases are recovered from child support payments collected by withholding up to thirteen percent (13%) from any payment received through the Arkansas Child Support Clearinghouse until all charges are paid in full.
  2. (B) Detailed information regarding assessments is available through the office customer service website and is provided in an annual statement.
2. (2) In payment processing or closed cases, regular billing statements are issued.
3. (3) Cost and fees totaling fifty dollars ($50.00) or more owed by custodial parties in payment processing or closed cases will be certified for state tax refund offset.
4. (4) State tax refund intercept — Overpayments. Custodial parties who have overpayments due in open enforcement (IV-D), payment processing (non-IV-D), suspended, and closed cases will be certified for state tax offset if:
  1. (A) There is an overpayment balance in excess of twenty-five dollars ($25.00); and
  2. (B) The custodial party failed to make arrangements to repay the overpayment.