Arkansas Code
Title 9 - Family Law

§ 9-5-104. Duties of the Arkansas Child Abuse/Rape/Domestic Violence Commission - (a) Regarding the administration of the Arkansas Children's Advocacy Center...

§ 9-5-105. Receipt of money - Under this chapter and in the administration of the Arkansas...

§ 9-5-106. Disbursement of funds - (a) The Arkansas Child Abuse/Rape/Domestic Violence Commission may disburse money...

§ 9-5-107. Program requirements - Each child safety center shall: (1) Provide a comfortable, private,...

§ 9-5-108. Access to specialized medical examinations and psychological examinations - (a) The child safety centers shall provide or provide access...

§ 9-5-109. Eligibility for contracts - (a) A public entity or a nonprofit entity is eligible...

§ 9-5-110. Interagency memorandum of understanding - (a) Before a child safety center may be established under...

§ 9-5-111. Fiscal requirements - Every child safety center shall: (1) Incorporate in this state...

§ 9-5-112. Right of entry - The Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee may...

§ 9-5-113. Reports - The Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee shall...

§ 9-5-114. Admissibility of statements by an alleged child victim - Nothing in this chapter precludes the admissibility of statements by...

§ 9-5-115. Immunity from civil liability - The Arkansas Child Abuse/Rape/Domestic Violence Commission and its employees in...

Chapter 6 - Arkansas Domestic Violence Shelter Act

§ 9-6-101. Title - This chapter shall be known and may be cited as...

§ 9-6-102. Definitions - As used in this chapter: (1) “Advocate” means an employee,...

§ 9-6-103. Establishment — Purpose and criteria - (a) The Department of Finance and Administration shall establish the...

§ 9-6-104. Receipt of money - Except to the extent that moneys are available in the...

§ 9-6-105. Determination of grant awards - (a) The Department of Finance and Administration shall: (1) Establish...

§ 9-6-106. Operational requirements of shelters receiving domestic violence shelter funds - A statewide domestic violence entity that receives a grant under...

§ 9-6-107. Fiscal requirements - A statewide domestic violence entity that receives a grant under...

§ 9-6-108. Training requirements - A statewide domestic violence entity that receives a grant under...

§ 9-6-109. Right of entry - A statewide domestic violence entity that receives a grant under...

§ 9-6-110. Reports - The Secretary of the Department of Finance and Administration or...

§ 9-6-111. Disclosure of information - Information from files, reports, evaluations, inspections, or other sources that...

§ 9-6-112. Privileged communications made by victim of domestic violence — Definitions - (a) As used in this section: (1) “Advocate for victims...

Subtitle 2 - Domestic Relations

Chapter 8 - General Provisions

Subchapter 1 - Court-Ordered Investigations or Studies

§ 9-8-101. Definitions - As used in this subchapter: (1) “Child” means a person...

§ 9-8-102. Investigation, study, or supervision involving children — Court order — Fee - (a) (1) If a court of the State of Arkansas...

Subchapter 2 - Arkansas Subsidized Guardianship Act

§ 9-8-201. Title — Purpose - (a) This subchapter shall be known and may be cited...

§ 9-8-202. Administration, funding, and limitations - (a) Contingent upon adequate funding, appropriation, and position authorization, both...

§ 9-8-203. Promulgation of rules - (a) The Department of Human Services shall promulgate rules to...

§ 9-8-204. Eligibility - (a) A child is eligible for a guardianship subsidy if...

§ 9-8-205. Guardianship subsidy agreement - (a) A written guardianship subsidy agreement must be entered before...

§ 9-8-206. Subsidy amount - (a) The amount of the guardianship subsidy shall be determined...

§ 9-8-207. Records confidential - (a) All subsidized guardianship records personally identifying a juvenile shall...

Chapter 9 - Adoption

Subchapter 1 - General Provisions

§ 9-9-101. Surrender of custody of minor by hospital or birthing center - (a) After a consent to adoption under § 9-9-208 or...

§ 9-9-102. Preference to relative caregivers for a child in foster care — Religious preference — Removal of barriers to inter-ethnic adoption - (a) In all custodial placements by the Department of Human...

§ 9-9-103. Adoption home studies affidavit - (a) Upon the request of any interested party, agency, or...

§ 9-9-104. Adoption information collection - (a) The General Assembly finds that: (1) There is a...

§ 9-9-105. Employee leave for adoption — Definition - (a) As used in this section, “employer” means public and...

Subchapter 2 - Revised Uniform Adoption Act

§ 9-9-201. Short title - This subchapter may be cited as the “Revised Uniform Adoption...

§ 9-9-202. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 9-9-203. Who may be adopted - Any individual may be adopted.

§ 9-9-204. Who may adopt - The following individuals may adopt: (1) A husband and wife...

§ 9-9-205. Jurisdiction — Venue — Inconvenient forum — Disclosure of name - (a) Jurisdiction of adoption of minors: (1) The state shall...

§ 9-9-206. Persons required to consent to adoption — Consideration for relinquishing minor for adoption - (a) Unless consent is not required under § 9-9-207, a...

§ 9-9-207. Persons as to whom consent not required - (a) Consent to adoption is not required of: (1) a...

§ 9-9-208. How consent is executed - (a) The required consent to adoption shall be executed at...

§ 9-9-209. Withdrawal of consent - (a) A consent to adoption cannot be withdrawn after the...

§ 9-9-210. Petition for adoption - (a) A petition for adoption signed and verified by the...

§ 9-9-211. Report of petitioner's expenditures - (a) Except as specified in subsection (b) of this section,...

§ 9-9-212. Hearing on petition — Requirements - (a) (1) Before any hearing on a petition, the period...

§ 9-9-213. Required residence of minor - (a) A final decree of adoption shall not be issued...

§ 9-9-214. Appearance — Continuance — Disposition of petition - (a) The petitioner and the individual to be adopted shall...

§ 9-9-215. Effect of decree of adoption - (a) A final decree of adoption and an interlocutory decree...

§ 9-9-216. Appeal from and validation of adoption decree - (a) An appeal from any final order or decree rendered...

§ 9-9-217. Confidentiality of hearings and records - (a) Notwithstanding any other law concerning public hearings and records:...

§ 9-9-218. Recognition of foreign decrees affecting adoption - A decree of court terminating the relationship of parent and...

§ 9-9-219. Application for new birth record - Upon entry of a final decree of adoption or an...

§ 9-9-220. Relinquishment and termination of parent and child relationship - (a) With the exception of the duty to pay child...

§ 9-9-221. Uniformity of interpretation - This subchapter shall be so interpreted and construed as to...

§ 9-9-222. Repeal and effective date - (a) The following acts and laws and parts of laws...

§ 9-9-223. Termination of rights of nonparental relatives - Except as provided in this subchapter with regard to parental...

§ 9-9-224. Child born to unmarried mother - In all cases involving a child born to a mother...

Subchapter 3 - Children in Public Custody — Consent to Adoption

§ 9-9-301. Adoptions under prior law validated - All adoptions that have been granted by the probate courts...

Subchapter 4 - Arkansas Subsidized Adoption Act

§ 9-9-401. Title - This subchapter shall be known and may be cited as...

§ 9-9-402. Definitions - As used in this subchapter: (1) “Child” means a minor...

§ 9-9-403. Purpose - The purpose of this subchapter is to supplement the Arkansas...

§ 9-9-404. Administration — Funding - (a) The Department of Human Services shall establish and administer...

§ 9-9-405. Promulgation of rules - (a) The Department of Human Services shall adopt rules consistent...

§ 9-9-406. Records confidential - All records regarding subsidized adoption shall be confidential and may...

§ 9-9-407. Eligibility - (a) A family is initially eligible for a subsidy for...

§ 9-9-408. Subsidy agreement required — Commencement of subsidy - (a) When parents are found and approved for adoption of...

§ 9-9-409. Subsidy amounts - (a) The amount of the subsidy may be readjusted periodically...

§ 9-9-410. Subsidy agreements — Duration - (a) (1) The subsidy agreement shall be binding and constitute...

§ 9-9-411. Subsidy agreements — Renewal, termination, or modification - (a) (1) (A) When subsidies are for more than one...

§ 9-9-412. Appeals - Any subsidy decision by the Department of Human Services which...

Subchapter 5 - Voluntary Adoption Registry

§ 9-9-501. Definitions - As used in this subchapter: (1) “Administrator” means the person...

§ 9-9-502. Penalty - (a) (1) No person, agency, entity, or organization of any...

§ 9-9-503. Registry — Establishment and maintenance - (a) (1) A mutual consent voluntary adoption registry may be...

§ 9-9-504. Registry — Operation - (a) (1) The adult adoptee and each birth parent and...

§ 9-9-505. Compilation of nonidentifying history - (a) Prior to placement for adoption, the licensed adoption agency...

§ 9-9-506. Disclosure of information - (a) Notwithstanding any other provision of law, the information acquired...

§ 9-9-507. Maintenance of records - All records of any adoption finalized in this state shall...

§ 9-9-508. Rules - The Department of Human Services shall issue such rules as...

Subchapter 6 - Legal Representation

§ 9-9-601. The Governor's Pro Bono Adoption Service Award - (a) The Governor shall award the Governor's Pro Bono Adoption...

Subchapter 7 - The Streamline Adoption Act

§ 9-9-701. Streamlined adoptions by the Department of Human Services - (a) (1) A family who adopts a child from the...

§ 9-9-702. Fast-tracked adoption of Garrett's Law babies — Definition - (a) As used in this section, “newborn” means an infant...

Subchapter 8 - Adoption Records

§ 9-9-801. Definitions - As used in this subchapter: (1) “Adoption file” means a...

§ 9-9-802. Birth parent redaction request and contact preference forms - (a) (1) (A) The Department of Health shall create and...

§ 9-9-803. Access to adoption file - (a) Beginning August 1, 2018, a requester may submit a...

§ 9-9-804. Immunity - An officer or employee of the Department of Health who...

Chapter 10 - Paternity

Subchapter 1 - General Provisions

§ 9-10-102. Actions governed by Arkansas Rules of Civil Procedure — Limitations periods — Venue — Summons — Transfer between local jurisdictions - (a) An action to establish the paternity of a child...

§ 9-10-103. Temporary orders — Administrative orders for paternity testing - (a) If the child is not born when the accused...

§ 9-10-104. Suit to determine paternity of child born outside of marriage - Petitions for paternity establishment may be filed by: (1) A...

§ 9-10-105. Trial by court - When the case is ready for trial, if the accused...

§ 9-10-108. Paternity test - (a) (1) Upon motion of either party in a paternity...

§ 9-10-109. Child support following finding of paternity - (a) (1) (A) Subsequent to the execution of an acknowledgment...

§ 9-10-110. Judgment for lying-in expenses — Commitment on failure to pay - (a) If it is found by the court that the...

§ 9-10-111. Judgment for child support — Bond - (a) If it is found by the circuit court that...

§ 9-10-112. Income withholding — Delinquent noncustodial parent - (a) (1) Except as provided in subsection (b) of this...

§ 9-10-113. Custody of child born outside of marriage - (a) When a child is born to an unmarried woman,...

§ 9-10-114. Visitation rights of father - When any circuit court in this state determines the paternity...

§ 9-10-115. Modification of orders or judgments - (a) The circuit court may at any time enlarge, diminish,...

§ 9-10-119. Revival of judgment - The judgment may be revived against the executor or administrator...

§ 9-10-120. Effect of acknowledgment of paternity - (a) A man is the father of a child for...

§ 9-10-121. Termination of certain parental rights for putative fathers convicted of rape - (a) All rights of a putative father to custody, visitation,...

Subchapter 2 - Artificial Insemination

§ 9-10-201. Child born to married or unmarried woman — Presumptions — Surrogate mothers - (a) Any child born to a married woman by means...

§ 9-10-202. Supervision by physician — Written agreement - (a) Artificial insemination of a woman shall only be performed...

Chapter 11 - Marriage

Subchapter 1 - General Provisions

§ 9-11-101. Marriage a civil contract — Consent of parties - Marriage is considered in law a civil contract to which...

§ 9-11-102. Minimum age — Parental consent — Definition - (a) Every male who has arrived at the full age...

§ 9-11-103. Minimum age — Exception - (a) (1) If an application for a marriage license is...

§ 9-11-104. Minimum age — Lack of parental consent or misrepresentation of age — Annulment - In all cases in which the consent of the parent...

§ 9-11-105. Marriage of underage parties voidable - (a) The marriage of any male under the full age...

§ 9-11-106. Incestuous marriages — Penalties for entering into or solemnizing - (a) All marriages between parents and children, including grandparents and...

§ 9-11-107. Validity of foreign marriages - (a) All marriages contracted outside this state that would be...

§ 9-11-108. Presumption of spouse's death — Validity of subsequent marriage - In all cases in which any husband abandons his wife,...

§ 9-11-109. Validity of same-sex marriages - Marriage shall be only between a man and a woman....

Subchapter 2 - License and Ceremony

§ 9-11-201. Licenses required - (a) All persons hereafter contracting marriage in this state are...

§ 9-11-202. Form of license - (a) The license may be in the following form: (b)...

§ 9-11-203. Issuance by clerks - (a) The clerks of the county courts of the several...

§ 9-11-204. Issuance of license unlawfully — Penalty - If any county clerk in this state shall issue any...

§ 9-11-205. Notice of intention to wed — Noncompliance, penalties, and effect - (a) No marriage license shall be issued by the clerks...

§ 9-11-206. Clerk's fees - The fee prescribed by law for the issuance of the...

§ 9-11-207. Applicants for marriage licenses to be sober - It shall be unlawful for any clerk who is authorized...

§ 9-11-208. License not issued to persons of the same sex - (a) (1) (A) It is the public policy of the...

§ 9-11-209. Proof of age — Parental consent - (a) Any person applying for the license to marry another...

§ 9-11-210. Bond of applicant - (a) Any person applying for a license under the provisions...

§ 9-11-211. Military personnel — Waiver of certain license requirements — Proceedings - (a) (1) Upon written petition being filed with the county...

§ 9-11-212. Application without other's consent — Penalties — Damages - (a) If any person shall apply for and obtain a...

§ 9-11-213. Persons who may solemnize marriages - (a) For the purpose of being registered and perpetuating the...

§ 9-11-214. Recordation of credentials of clerical character - (a) No minister of the gospel or priest of any...

§ 9-11-215. Marriage ceremony - (a) When marriages are solemnized by a minister of the...

§ 9-11-216. Solemnization contrary to law — Penalty - (a) Any person who presumes to solemnize marriage in this...

§ 9-11-217. Failure to sign and return license at time of marriage — Penalty - (a) Any person who fails to officially sign and return...

§ 9-11-218. Return of executed license to clerk — Effect on bond - (a) Any person obtaining a license under the provisions of...

§ 9-11-219. False return or record — Penalty - If any person authorized to solemnize any marriage in this...

§ 9-11-220. Duty of clerk on return of license — Issuance of certificate - (a) Upon the return of any license officially signed as...

§ 9-11-221. Certified copies of record as evidence - The books of marriages and clerical credentials to be kept...

Subchapter 3 - Marriage Contracts Generally

§ 9-11-301. Execution of contract - All marriage contracts whereby any estate, real or personal, is...

§ 9-11-302. Acknowledgment or proof - Marriage contracts shall be acknowledged or proven before a court...

§ 9-11-303. Recordation — Effect - (a) Every marriage contract whereby any real estate is conveyed...

§ 9-11-304. Effect of unrecorded contract - No marriage contract shall be valid or affect property, except...

§ 9-11-305. Contract or copy as evidence — Conclusiveness - (a) Marriage contracts duly proved or acknowledged, certified, or recorded...

Subchapter 4 - Arkansas Premarital Agreement Act

§ 9-11-401. Definitions - (1) “Premarital agreement” means an agreement between prospective spouses made...

§ 9-11-402. Formalities — Definition - (a) A premarital agreement must be in writing and signed...

§ 9-11-403. Content - (a) Parties to a premarital agreement may contract with respect...

§ 9-11-404. Effect of marriage - A premarital agreement becomes effective upon marriage.

§ 9-11-405. Amendment or revocation - After marriage, a premarital agreement may be amended or revoked...

§ 9-11-406. Enforcement - (a) A premarital agreement is not enforceable if the party...

§ 9-11-407. Enforcement — Void marriage - If a marriage is determined to be void, an agreement...

§ 9-11-408. Limitations of actions - Any statute of limitations applicable to an action asserting a...

§ 9-11-409. Application and construction - This subchapter shall be applied and construed to effectuate its...

§ 9-11-410. Short title - This subchapter may be cited as the “Arkansas Premarital Agreement...

§ 9-11-411. Severability - If any provision of this subchapter or its application to...

§ 9-11-412. Time of taking effect - This subchapter takes effect July 20, 1987, and applies to...

§ 9-11-413. Repeal - The following acts and parts of acts are repealed: (a)...

Subchapter 5 - Rights and Property of Married Persons

§ 9-11-501. Construction of this section and §§ 9-11-509 — 9-11-514 - The rule that statutes in derogation of the common law...

§ 9-11-503. Rights generally - (a) A married person may bargain, sell, assign, and transfer...

§ 9-11-505. Control of separate real and personal property - (a) The real and personal property that any married person...

§ 9-11-506. Spouses not liable for each other's antenuptial debts - In all marriages solemnized after February 1, 1899, neither spouse...

§ 9-11-507. Separate property of one spouse not liable for other spouse's debts - The property of any male or female, whether real or...

§ 9-11-508. Contracts concerning separate property of one spouse not binding on other spouse - No bargain or contract made by any married person, in...

§ 9-11-509. Schedule of separate personal property — Filing — Effect - (a) A married person owning any separate personal property may...

§ 9-11-510. Form of schedule - That schedule of a married person's separate property may be...

§ 9-11-511. Filing of schedule by person selling or giving property — Effect of recording conveyance or will - (a) Any persons who shall bona fide sell or give...

§ 9-11-512. Effect of failure to file schedule - The separate estate and property of a married person shall...

§ 9-11-513. Control of one spouse's separate property by other spouse — Presumption of agency or trusteeship - The fact that a married person permits his or her...

§ 9-11-514. Settlements in equity - This section and §§ 9-11-501 and 9-11-509 — 9-11-513 shall...

§ 9-11-516. Doctrine of necessaries — Abolished - (a) (1) Absent express authority, neither a husband nor a...

Subchapter 6 - Rights in Real Estate of Insane Spouse

§ 9-11-601. Obligations to support spouse unaffected by subchapter - Nothing in this subchapter shall be construed to release the...

§ 9-11-602. Sale of real estate free of dower or curtesy — Petition - (a) (1) Any person owning lands in this state and...

§ 9-11-603. Sale of real estate free of dower or curtesy — Order and deposit - (a) Upon the hearing of the petition, if the court...

§ 9-11-604. Setting apart dower or curtesy as life estate in certain lands - (a) (1) Any person owning lands in this state whose...

Subchapter 7 - Validating Acts

§ 9-11-701. Persons acting for clerk - (a) The acts and deeds of all persons acting for...

§ 9-11-702. Marriages performed by mayors - All marriage ceremonies performed by mayors in the State of...

§ 9-11-703. Recordation of credentials of clerical character — Applicability of § 9-11-214 - (a) Section 9-11-214(a) and (b) shall not apply to those...

§ 9-11-704. Marriages solemnized out of county - (a) All marriages between persons authorized to contract marriage and...

§ 9-11-705. Marriages solemnized by municipal court judges - All marriages solemnized by municipal court judges prior to July...

§ 9-11-706. Marriage before entry of divorce decree - (a) It is the intent of this section to validate...

Subchapter 8 - Covenant Marriage Act

§ 9-11-801. Title - This subchapter shall be known and may be cited as...

§ 9-11-802. Definitions - As used in this subchapter: (1) “Authorized counseling” means marital...

§ 9-11-803. Covenant marriage - (a) (1) A covenant marriage is a marriage entered into...

§ 9-11-804. Content of declaration of intent - (a) A declaration of intent to contract a covenant marriage...

§ 9-11-805. Form of affidavit - The following is the suggested form of the affidavit that...

§ 9-11-806. Other applicable rules - A covenant marriage shall be governed by all of the...

§ 9-11-807. Applicability to already married couples - (a) A married couple, upon submission of a copy of...

§ 9-11-808. Divorce or separation - (a) Notwithstanding any other law to the contrary and subsequent...

§ 9-11-809. Suit against spouse — Separation - (a) Unless judicially separated, spouses in a covenant marriage may...

§ 9-11-810. Effects of separation - (a) Judicial separation in a covenant marriage does not dissolve...

§ 9-11-811. Informational pamphlet - (a) The Administrative Office of the Courts shall promulgate an...

Chapter 12 - Divorce and Annulment

Subchapter 1 - General Provisions

§ 9-12-101. Subsequent marriage before dissolution of prior marriage prohibited - No subsequent or second marriage shall be contracted by any...

Subchapter 2 - Annulment

§ 9-12-201. Grounds - When either of the parties to a marriage is incapable...

§ 9-12-202. Proceedings for annulment to be in equity — Venue - (a) The action shall be by equitable proceedings in the...

Subchapter 3 - Actions for Divorce or Alimony

§ 9-12-301. Grounds for divorce - (a) A plaintiff who seeks to dissolve and set aside...

§ 9-12-302. Equitable proceedings - The action for alimony or divorce shall be by equitable...

§ 9-12-303. Venue — Service of process - (a) The proceedings shall be in the county where the...

§ 9-12-304. Pleadings — Interrogatories - (a) The pleadings are not required to be verified by...

§ 9-12-305. No judgment pro confesso - The statements of the complaint for a divorce shall not...

§ 9-12-306. Corroboration - (a) In uncontested divorce suits, corroboration of the plaintiff's grounds...

§ 9-12-307. Matters that must be proved — Definition - (a) To obtain a divorce, the plaintiff must prove, but...

§ 9-12-308. Effect of collusion, consent, or equal guilt of parties - If it appears to the court that the adultery or...

§ 9-12-309. Maintenance and attorney's fees — Interest - (a) (1) During the pendency of an action for divorce,...

§ 9-12-310. Waiting period before rendition of decree - Unless the parties shall have lived separate and apart from...

§ 9-12-311. Legitimacy of children not affected - The injured party may apply for a decree of divorce,...

§ 9-12-312. Alimony — Child support — Bond — Method of payment — Definition - (a) (1) When a decree is entered, the court shall...

§ 9-12-313. Enforcement of separation agreements and decrees of court - Courts of equity may enforce the performance of written agreements...

§ 9-12-314. Modification of allowance for alimony and maintenance — Child support - (a) The court, upon application of either party, may make...

§ 9-12-315. Division of property — Definition - (a) At the time a divorce decree is entered: (1)...

§ 9-12-316. Property settlements - In any divorce suit in which a written property settlement...

§ 9-12-317. Dissolution of estates by the entirety or survivorship - (a) Hereafter, when any circuit court in this state renders...

§ 9-12-318. Restoration of name - In all cases when the court finds that either party...

§ 9-12-319. Nonresident defendants — Warning orders — Entry of decree - In all divorce actions pending or filed in any of...

§ 9-12-320. Proceedings subsequent to decree — Change of venue - (a) (1) The court where the final decree of divorce...

§ 9-12-321. Annulment of decree of divorce - The proceedings for annulling a final judgment for a divorce...

§ 9-12-322. Divorcing parents to attend parenting class - (a) When the parties to a divorce action have minor...

§ 9-12-323. Joint credit card accounts - (a) (1) After a court has determined or approved a...

§ 9-12-324. Decree dissolving a covenant marriage - In all divorce decrees that dissolve a covenant marriage created...

§ 9-12-325. Condonation abolished - (a) The defense of condonation to any action for absolute...

Chapter 13 - Child Custody and Visitation

Subchapter 1 - General Provisions

§ 9-13-101. Award of custody — Definition - (a) (1) (A) (i) In an action for divorce, the...

§ 9-13-102. Visitation rights of brothers and sisters - The circuit courts of this state, upon petition from any...

§ 9-13-103. Visitation rights of grandparents when child is in custody of parent — Definitions - (a) For the purposes of this section: (1) “Child” means...

§ 9-13-104. Transfer of custody on school property - (a) In order to avoid continuing child custody controversies from...

§ 9-13-105. Criminal records check - (a) Any parent of a minor child in a circuit...

§ 9-13-106. Attorney ad litem programs - (a) The Director of the Administrative Office of the Courts...

§ 9-13-107. Visitation rights of grandparents when parent does not have custody of child — Definitions - (a) For purposes of this section: (1) “Child” means a...

§ 9-13-108. Visitation — Preference of child - In an action under this subchapter concerning a person's right...

§ 9-13-109. Drug testing — Proceedings concerning child custody, visitation, or welfare of child — Definition - (a) For purposes of this section, “drug” means any controlled...

§ 9-13-110. Parents who are members of armed forces — Definitions - (a) As used in this section: (1) “Armed forces” means...

Subchapter 3 - Personal Records of Child

§ 9-13-301. Noncustodial parent's right to child's scholastic records — Definitions - (a) As used in this subchapter: (1) “Child” means any...

§ 9-13-302. Penalty for noncompliance - Refusal by any school district or college official or employee...

Subchapter 4 - International Child Abduction Prevention Act

§ 9-13-401. Title - This subchapter shall be known as the “International Child Abduction...

§ 9-13-402. Definitions - As used in this subchapter: (1) “Child” means a minor...

§ 9-13-403. Prevention of international child abduction - A custodian or parent may petition or move the court...

§ 9-13-404. Considerations of court - To determine a matter under this subchapter, the court shall...

§ 9-13-405. Abduction risk factors - (a) To determine if there is a risk of international...

§ 9-13-406. Abduction prevention measures - (a) If the court finds that it is in the...

§ 9-13-407. Ex parte relief - (a) A court shall immediately conduct an ex parte hearing...

Chapter 14 - Spousal and Child Support

Subchapter 1 - General Provisions

§ 9-14-101. Implied consent to jurisdiction for child support and maintenance or to establish paternity — Service of process - (a) Any person who establishes or acquires a marital domicile...

§ 9-14-102. Wage assignment and deduction — Definitions - (a) As used in this section: (1) “Political subdivision thereof”...

§ 9-14-103. Quarterly report of funds, moneys, etc., received for child support - (a) (1) (A) Upon application of any interested person to...

§ 9-14-105. Petition for support — Definitions - (a) The circuit courts in the several counties in this...

§ 9-14-106. Noncustodial parents — Amount of support — Definition - (a) (1) (A) In determining a reasonable amount of support...

§ 9-14-107. Change in payor income warranting modification — Definition - (a) (1) A change in gross income of the payor...

§ 9-14-108. Transfer between local jurisdictions - (a) (1) The court where the final adjudication of child...

§ 9-14-109. Automatic assignment of rights - (a) By accepting public assistance for or on behalf of...

§ 9-14-110. Arkansas Registry of Child Support Orders — Definition - (a) As used in this section, “child support order” means...

Subchapter 2 - Enforcement Generally

§ 9-14-201. Definitions - As used in this Code: (1) (A) “Accrued arrearage” means...

§ 9-14-202. Exclusivity of remedies - The remedies provided in this subchapter shall not be exclusive...

§ 9-14-204. Hearings for enforcement of support orders - (a) (1) Hearings in all child support cases and paternity...

§ 9-14-205. Information required in support cases - (a) In all cases in which the support and care...

§ 9-14-206. Office of Child Support Enforcement — Establishment — Plan — Program — Child support officers - (a) There is established an organizational unit to be called...

§ 9-14-207. Office of Child Support Enforcement — Administrator — Child support officers - (a) The Administrator of the Office of Child Support Enforcement...

§ 9-14-208. Office of Child Support Enforcement — Powers to obtain information on noncustodial parent — Penalty — Immunity — Definitions - (a) As used in this section: (1) “Business” means any...

§ 9-14-209. Office of Child Support Enforcement — Duty to provide information to consumer reporting agency — Definition - (a) (1) As used in this section, “consumer reporting agency”...

§ 9-14-210. Office of Child Support Enforcement — Employment of attorneys — Real party in interest — Scope of representation - (a) The Department of Human Services or the Office of...

§ 9-14-211. Assigned support rights generally - (a) Support rights assigned to the Department of Human Services...

§ 9-14-212. Assigned support rights — Non-Temporary Assistance for Needy Families Program application fee - (a) The Office of Child Support Enforcement of the Revenue...

§ 9-14-213. Assigned support rights — Notice — Termination of assignment - (a) (1) When a court has ordered support payments to...

§ 9-14-214. Assigned support rights — Award of fee in action — Definition - (a) In any action brought on behalf of a person...

§ 9-14-215. Fees in actions under Uniform Interstate Family Support Act - (a) (1) There shall be no filing fee, service fee,...

§ 9-14-216. Income withholding — Establishment and maintenance of system - (a) (1) The Office of Child Support Enforcement of the...

§ 9-14-217. Income withholding — Supersession of § 9-14-102 - The income withholding provisions of this subchapter shall supersede the...

§ 9-14-218. Income withholding — Time of taking effect generally — Forms - (a) (1) In all decrees or orders that provide for...

§ 9-14-219. Income withholding — Priority of order - Orders of income withholding for support shall have priority over...

§ 9-14-220. Income withholding — Persons subject to order — Ground to contest order - (a) All persons under court order to pay support on...

§ 9-14-221. Income withholding — When orders take effect — Notice — Costs - (a) Orders of income withholding that were not effective immediately...

§ 9-14-222. Income withholding — Notice to payor — Costs - (a) A payor shall be notified of an order of...

§ 9-14-223. Income withholding — Objection of payor - Upon receipt of an objection from a payor under an...

§ 9-14-224. Income withholding — Duties of payor - (a) A payor who has been notified of an order...

§ 9-14-225. Income withholding — Liability of payor — Distribution of moneys - (a) A payor who has been notified of an order...

§ 9-14-226. Income withholding — Prohibition of disciplinary action against employee — Penalty - (a) A payor who is an employer is prohibited from...

§ 9-14-227. Income withholding — Administrative costs — Applicability to unemployment compensation and workers' compensation - (a) A payor may withhold up to two dollars and...

§ 9-14-228. Income withholding — Procedures for payor - (a) (1) A payor shall withhold the amount indicated in...

§ 9-14-229. Income withholding — Termination of order — Notice to payor - (a) The circuit court may terminate an income withholding order...

§ 9-14-230. Decree as lien on real property - (a) (1) (A) Any decree, judgment, or order that contains...

§ 9-14-231. Overdue support as lien on personal property - (a) (1) (A) Support that has been ordered paid through...

§ 9-14-232. Healthcare coverage - (a) In all cases in which the support and care...

§ 9-14-233. Arrearages — Interest and attorney's fees — Work activities and incarceration - (a) All child support that becomes due and remains unpaid...

§ 9-14-234. Arrearages — Redirection of child support — Finality of judgment — Definition - (a) As used in this section, “physical custodian” means a...

§ 9-14-235. Arrearages — Payment after duty to support ceases — Definition - (a) If a child support arrearage or judgment exists at...

§ 9-14-236. Arrearages — Child support limited — Limitations period — Definitions - (a) As used in this section: (1) “Accrued child support...

§ 9-14-237. Expiration of child support obligation - (a) (1) Unless a court order for child support specifically...

§ 9-14-238. Collection of support obligations - (a) The Administrator of the Office of Child Support Enforcement...

§ 9-14-239. Suspension of license for failure to pay child support — Definitions - (a) As used in this section: (1) “Department” means the...

§ 9-14-240. Expiration of income withholding - (a) (1) Income withholding for child support shall terminate by...

§ 9-14-241. Referrals for criminal prosecution - (a) The Office of Child Support Enforcement of the Revenue...

§ 9-14-242. Report of nonsupport payments - (a) (1) The Office of Child Support Enforcement of the...

Subchapter 4 - State Commission on Child Support

§ 9-14-402. Staff - The Administrator of the Office of Child Support Enforcement of...

§ 9-14-403. Duties - The State Commission on Child Support [repealed] shall have the...

Subchapter 5 - Healthcare Coverage

§ 9-14-501. Definition - As used in this subchapter, “healthcare coverage” includes, but need...

§ 9-14-502. Income withholding authorized - (a) In all decrees and orders that direct the noncustodial...

§ 9-14-503. Minor children — Certain provisions denying or restricting coverage void - (a) (1) No contract of individual or group healthcare coverage...

§ 9-14-504. Communication with custodial parent or assignee - (a) Without regard to the fact that coverage may be...

§ 9-14-505. No direct offset to child support - (a) Healthcare coverage premiums shall not be deemed or used...

§ 9-14-506. Effective date of income withholding order — Applicability - (a) (1) An order of income withholding for healthcare coverage...

§ 9-14-507. Priority of income withholding claims - An order of income withholding for healthcare coverage shall have...

§ 9-14-508. Persons subject to income withholding — Ground for contest - (a) Any person under a court order to provide and...

§ 9-14-509. Notice to noncustodial parent - (a) Prior to notification to the employer, the noncustodial parent...

§ 9-14-510. Determination of contest - (a) Should the noncustodial parent contest the withholding because of...

§ 9-14-511. Notice to employer - (a) Notice shall be sent to the employer or payor...

§ 9-14-512. Objection of employer - (a) Upon receipt of an objection from a payor under...

§ 9-14-513. Employer bound by court order until further notice - A payor who has been notified of an order of...

§ 9-14-514. Notification of court by employer of termination - A payor shall notify the court or its representative or,...

§ 9-14-515. Employer prohibited from taking action against parent for income withholding - (a) A payor who is an employer is prohibited from...

§ 9-14-516. Enforcing medical support in Title IV-D cases - (a) In all cases in which either parent is ordered...

Subchapter 8 - Centralized Clearinghouse

§ 9-14-801. Definitions and capabilities - As used in this subchapter: (1) (A) “Clearinghouse” means an...

§ 9-14-802. Authority - The Office of Child Support Enforcement of the Revenue Division...

§ 9-14-803. Data - (a) The clerk of the court shall provide to the...

§ 9-14-804. Payments — Effect - (a) (1) All child support payments made on cases brought...

§ 9-14-805. Permanent transfer - (a) (1) A Title IV-D child support, paternity, or Medicaid-only...

§ 9-14-806. Electronic funds transfer and electronic data information election - (a) Employers may remit income withholding for child support by...

§ 9-14-807. Official payment record - (a) In all cases mentioned in this subchapter wherein the...

Chapter 15 - Domestic Abuse Act

Subchapter 1 - General Provisions

§ 9-15-101. Purpose - The purpose of this chapter is to provide an adequate...

§ 9-15-102. Title - This chapter shall be known and may be cited as...

§ 9-15-103. Definitions - As used in this chapter: (1) “Commercial mobile radio service”...

Subchapter 2 - Judicial Proceedings

§ 9-15-201. Petition — Requirements generally - (a) All petitions under this chapter shall be verified. (b)...

§ 9-15-202. Filing fees - (a) (1) The court, clerks of the court, and law...

§ 9-15-203. Petition — Form - (a) The circuit clerk shall provide simplified forms and clerical...

§ 9-15-204. Hearing — Service - (a) (1) When a petition is filed pursuant to this...

§ 9-15-205. Relief generally — Duration - (a) At the hearing on the petition filed under this...

§ 9-15-206. Temporary order - (a) When a petition under this chapter alleges an immediate...

§ 9-15-207. Order of protection — Enforcement — Penalties — Criminal jurisdiction - (a) Any order of protection granted under this chapter is...

§ 9-15-208. Law enforcement assistance - (a) When an order of protection is issued under this...

§ 9-15-209. Modification of orders - Any order of protection issued by the circuit court pursuant...

§ 9-15-210. Contempt proceedings - When a petitioner or any law enforcement officer files an...

§ 9-15-212. Effect of no contact order - A no contact order shall prohibit the person from making...

§ 9-15-213. Police conduct and procedure - All law enforcement officers shall follow the same procedures as...

§ 9-15-214. Denial of relief prohibited - The circuit court shall not deny a petitioner relief solely...

§ 9-15-215. Factors in determining custody and visitation - (a) In addition to other factors that a circuit court...

§ 9-15-216. Mutual orders of protection — Separate orders of protection - (a) Except as provided in subsection (b) of this section,...

§ 9-15-217. Order of protection — Violations — Domestic violence surveillance program — Global positioning devices — Definition - (a) (1) (A) A person who is charged with violating...

§ 9-15-218. Commercial mobile radio service accounts — Transfer order - (a) Commencing July 1, 2017, at an initial or subsequent...

Subchapter 3 - Orders of Protection from Other Jurisdictions

§ 9-15-302. Full faith and credit - (a) An order of protection shall be afforded full faith...

§ 9-15-303. Immunity from liability - (a) Law enforcement officers and law enforcement agencies shall be...

Subchapter 4 - Spousal Abuse Safety Plan Act

§ 9-15-401. Title - This subchapter shall be known and may be cited as...

§ 9-15-402. Findings — Purpose - (a) The General Assembly finds that: (1) There are many...

§ 9-15-403. Definitions - As used in this subchapter: (1) “Emotional abuse” means any...

§ 9-15-404. Safety plans and education - The purpose of this subchapter is to: (1) Develop increased...

§ 9-15-405. Educational and training materials - (a) The Arkansas Child Abuse/Rape/Domestic Violence Commission, in consultation with...

§ 9-15-406. Rules - The Arkansas Child Abuse/Rape/Domestic Violence Commission shall promulgate rules to...

§ 9-15-407. Reporting - The Arkansas Child Abuse/Rape/Domestic Violence Commission shall report annually to...

Chapter 16 - Family Preservation Services Program Act

§ 9-16-101. Title - This chapter shall be known as the “Family Preservation Services...

§ 9-16-102. Definition - As used in this chapter, “family preservation services” means services...

§ 9-16-103. Director of the Division of Children and Family Services — Duties - The Director of the Division of Children and Family Services...

§ 9-16-104. Division of Children and Family Services — Duties - (a) The Division of Children and Family Services of the...

§ 9-16-105. Provision of services by contract - (a) The Division of Children and Family Services of the...

§ 9-16-106. Children qualified to receive services - (a) (1) Family preservation services shall be provided to those...

§ 9-16-107. Provision of services — Reasonable effort — Acceptance not an admission — Activity of family members - (a) The provision of family preservation services to a family...

§ 9-16-108. Evaluation - The Director of the Division of Children and Family Services...

§ 9-16-109. Provision of services — Funding - The Director of the Division of Children and Family Services...

Chapter 17 - Uniform Interstate Family Support Act

Article 1 - General Provisions

§ 9-17-101. Short title - This chapter may be cited as the “Uniform Interstate Family...

§ 9-17-102. Definitions - In this chapter: (1) “Child” means an individual, whether over...

§ 9-17-103. State tribunal and support enforcement agency - (a) The circuit court is the tribunal of this state....

§ 9-17-104. Remedies cumulative - (a) Remedies provided by this chapter are cumulative and do...

§ 9-17-105. Application of chapter to resident of foreign country and foreign support proceeding - (a) A tribunal of this state shall apply Articles 1...

Article 2 - Jurisdiction

Part 1 - Extended Personal Jurisdiction

§ 9-17-201. Bases for jurisdiction over nonresident - (a) In a proceeding to establish or enforce a support...

§ 9-17-202. Duration of personal jurisdiction - Personal jurisdiction acquired by a tribunal of this state in...

Part 2 - Proceedings Involving Two or More States

§ 9-17-203. Initiating and responding tribunal of this state - Under this chapter, a tribunal of this state may serve...

§ 9-17-204. Simultaneous proceedings - (a) A tribunal of this state may exercise jurisdiction to...

§ 9-17-205. Continuing, exclusive jurisdiction to modify child-support order - (a) A tribunal of this state that has issued a...

§ 9-17-206. Continuing jurisdiction to enforce child-support order - (a) A tribunal of this state that has issued a...

Part 3 - Reconciliation with Orders of Other States

§ 9-17-207. Determination of controlling child-support order - (a) If a proceeding is brought under this chapter and...

§ 9-17-208. Child-support orders for two or more obligees - In responding to registrations or petitions for enforcement of two...

§ 9-17-209. Credit for payments - A tribunal of this state shall credit amounts collected for...

§ 9-17-210. Application of chapter to nonresident subject to personal jurisdiction - A tribunal of this state exercising personal jurisdiction over a...

§ 9-17-211. Continuing, exclusive jurisdiction to modify spousal-support order - (a) A tribunal of this state issuing a spousal-support order...

Article 3 - Civil Provisions of General Application

§ 9-17-301. Proceedings under chapter - (a) Except as otherwise provided in this chapter, this article...

§ 9-17-302. Proceeding by minor parent - A minor parent, or a guardian or other legal representative...

§ 9-17-303. Application of law of state - Except as otherwise provided in this chapter, a responding tribunal...

§ 9-17-304. Duties of initiating tribunal - (a) Upon the filing of a petition authorized by this...

§ 9-17-305. Duties and powers of responding tribunal - (a) When a responding tribunal of this state receives a...

§ 9-17-306. Inappropriate tribunal - If a petition or comparable pleading is received by an...

§ 9-17-307. Duties of support enforcement agency - (a) A support enforcement agency of this state, upon request,...

§ 9-17-308. Duty of prosecuting attorney - (a) If the prosecuting attorney determines that the support enforcement...

§ 9-17-309. Private counsel - An individual may employ private counsel to represent the individual...

§ 9-17-310. Duties of state information agency - (a) The Office of Child Support Enforcement of the Revenue...

§ 9-17-311. Pleadings and accompanying documents - (a) In a proceeding under this chapter, a petitioner seeking...

§ 9-17-312. Nondisclosure of information in exceptional circumstances - If a party alleges in an affidavit or a pleading...

§ 9-17-313. Costs and fees - (a) The petitioner may not be required to pay a...

§ 9-17-314. Limited immunity of petitioner - (a) Participation by a petitioner in a proceeding under this...

§ 9-17-315. Nonparentage as defense - A party whose parentage of a child has been previously...

§ 9-17-316. Special rules of evidence and procedure - (a) The physical presence of a nonresident party who is...

§ 9-17-317. Communications between tribunals - A tribunal of this state may communicate with a tribunal...

§ 9-17-318. Assistance with discovery - A tribunal of this state may: (1) request a tribunal...

§ 9-17-319. Receipt and disbursement of payments - (a) A support enforcement agency or tribunal of this state...

Article 4 - Establishment of Support Order or Determination of Parentage

§ 9-17-401. Establishment of support order - (a) If a support order entitled to recognition under this...

§ 9-17-402. Proceeding to determine parentage - A tribunal of this state authorized to determine parentage of...

Article 5 - Enforcement of Support Order Without Registration

§ 9-17-501. Employer's receipt of income-withholding order of another state - An income-withholding order issued in another state may be sent...

§ 9-17-502. Employer's compliance with income-withholding order of another state - (a) Upon receipt of an income-withholding order, the obligor's employer...

§ 9-17-503. Employer's compliance with two or more income-withholding orders - If an obligor's employer receives two or more income-withholding orders...

§ 9-17-504. Immunity from civil liability - An employer that complies with an income-withholding order issued in...

§ 9-17-505. Penalties for noncompliance - An employer that willfully fails to comply with an income-withholding...

§ 9-17-506. Contest by obligor - (a) An obligor may contest the validity or enforcement of...

§ 9-17-507. Administrative enforcement of orders - (a) A party or support enforcement agency seeking to enforce...

Article 6 - Registration, Enforcement, and Modification of Support Order

Part 1 - Registration of Order for Enforcement

§ 9-17-601. Registration of order for enforcement - A support order or income-withholding order issued in another state...

§ 9-17-602. Procedure to register order for enforcement - (a) Except as otherwise provided in § 9-17-706, a support...

§ 9-17-603. Effect of registration for enforcement - (a) A support order or income-withholding order issued in another...

§ 9-17-604. Choice of law - (a) Except as otherwise provided in subsection (d), the law...

Part 2 - Contest of Validity or Enforcement

§ 9-17-605. Notice of registration of order - (a) When a support order or income-withholding order issued in...

§ 9-17-606. Procedure to contest validity or enforcement of registered support order - (a) A nonregistering party seeking to contest the validity or...

§ 9-17-607. Contest of registration or enforcement - (a) A party contesting the validity or enforcement of a...

§ 9-17-608. Confirmed order - Confirmation of a registered support order, whether by operation of...

Part 3 - Registration and Modification of Child-Support Order of Another State

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Arkansas Code Title 9 - Family Law

Arkansas Code
Title 9 - Family Law