The short answer
Arkansas judges start from a standard chart, the Arkansas Family Support Chart in Administrative Order No. 10. You figure out each parent’s income, subtract the allowed deductions to get net income, find that number on the chart, and then the court adds or adjusts for things like child care and health insurance. The chart amount is a starting point, not a guarantee.
“How much will I pay orreceive?” is one of the first questions in any divorce or custody case. You don’t need an accounting degree to understand the steps. Once you know which numbers go where, you can estimate what to expect and walk into court prepared.
The calculation, step by step
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Add up gross monthly income
Gross income is what you earn before taxes or 401(k) contributions come out. Arkansas takes a broad view of what counts.
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Subtract allowable deductions
This gives you “net income” for child support purposes. Only certain items can be deducted.
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Find the number on the chart
The chart is in Administrative Order No. 10. You locate the net income figure and the column for the number of children. The amount you land on is the basic child support obligation, an estimate of what the child needs each month.
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Apply add-ons and adjustments
The court may add costs such as child care and health insurance, or adjust the amount in unusual cases. Details are below.
We use the shared income calculator. The child support worksheet and affidavit ask for income information. The worksheet and a parenting plan are generally required when there are minor children.
What counts as income
Our source says Administrative Order No. 10 counts nearly all money coming in:
- Wages, salaries and tips
- Commissions, bonuses and overtime
- Self-employment income, minus reasonable business expenses
- Workers’ compensation and unemployment benefits
- Disability insurance and VA benefits
- Pension and retirement payments
If your income varies, such as commission work or changing hours, the court typically doesn’t look at just one month. It may average over a longer period, often 12 to 24 months. Be honest about income. Hiding it is one of the fastest ways to lose credibility with a judge.
What you can and can’t deduct
| You can generally deduct | You generally can’t deduct |
|---|---|
| Federal and state income taxes | Rent or mortgage |
| FICA (Social Security and Medicare) | Car payments and credit card bills |
| The part of a health insurance premium that covers the child | Voluntary retirement contributions |
| Court-ordered support you already pay for a different child | Utilities and ordinary living costs |
The reasoning is that everyone has living costs, and the chart already accounts for them.
Add-ons and deviations
Add-ons. Courts often add costs on top of the basic amount. Health insurance premiums paid by the paying parent may come with a credit, and work-related child care is often split by income.
Deviations. A judge can move away from the chart amount if following it would be unfair. Common reasons our source lists are extraordinary time-sharing, like a true 50/50 schedule, and extraordinary expenses such as special needs, private school tuition or long-distance travel for visits. Deviations aren’t automatic. You have to ask and explain why.
Documents to gather
- Three to four recent pay stubs
- Last year’s W-2s and state and federal tax returns
- Proof of the child’s health insurance cost (ask HR for “employee only” versus “family”)
- Child care invoices
- Copies of any other child support orders you pay
- Your Affidavit of Financial Means. See our guide to the affidavit.
Common questions
Can I deduct my rent or car payment?
No. Personal living expenses aren’t allowable deductions under our source’s reading of the order.
Do I still pay child support with 50/50 custody?
Often yes. If incomes are far apart, the higher earner may still owe support. Judges can also deviate from the chart in those cases.
Does overtime count?
Generally yes. Overtime, bonuses and commissions are usually included, and the court may average them.
How often can child support be changed?
You can ask when there has been a material change in circumstances. A change of at least 20% or $100 per month, whichever is lower, can support a modification. If you’re also changing custody, see how to change custody.
When you need a lawyer
Talk to an attorney, or call Legal Aid of Arkansas if money is tight, if:
- Income may be hidden. The other parent is self-employed or pays personal bills through a business.
- Safety is an issue. There’s a history of domestic violence.
- Combined income is above the top of the chart. The chart has a cap, and the court has more discretion above it.
- You’re fighting over custody and support at the same time.
Sources
- Arkansas Administrative Order No. 10 (Child Support Guidelines and Family Support Chart)
- Arkansas Department of Finance and Administration, Office of Child Support Enforcement
- Arkansas Judiciary
- Legal Aid of Arkansas