Ark. Code Ann. » Title 20 Chapter 77
Arkansas Code Annotated

Ark. Code Ann. § 20-77-109 (2020)

Medicaid assistance for children — Effect on child support

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. By accepting Medicaid assistance for or on behalf of a child, the recipient thereof shall be deemed to have assigned to the Office of Child Support Enforcement and any appropriate division of the Department of Human Services any rights to medical support, and for collection and distribution under Title IV-D of the Social Security Act, any rights to child support from any other person as the recipient may have:
    1. In his or her own behalf or in behalf of any other family member for whom the recipient is receiving assistance; and
    2. Accrued at the time the assistance, or any portion thereof, is accepted.
  2. The recipient shall have the right to revoke the assignment for the collection and distribution of child support by requesting revocation of the assignment in writing. However, a revocation shall not affect the requirements of § 20-77-307.
  3. Support rights assigned to the department under this section shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes.
  4. The appropriate division of the department shall give notice, in writing, to each applicant for assistance. The notice shall state that acceptance of assistance would invoke the provisions of subsection (a) of this section and result in an assignment under subsection (a) of this section.

History. Acts 1991, No. 985, §§ 1-3; 1993, No. 1242, § 6.

Publisher's Notes. Acts 1993, No. 957, § 4 transferred the Child Support Enforcement Unit from the Division of Economic and Medical Services of the Department of Human Services to the Department of Finance and Administration — Revenue Division and renamed it the “Office of Child Support Enforcement”.

U.S. Code. Title IV-D of the Social Security Act, referred to in this section, is codified as 42 U.S.C. § 651 et seq.

Cross References. Child Support Enforcement Unit — Employment of attorneys, § 9-14-210.

Case Notes

Cited: State Office of Child Support Enforcement v. Harnage, 322 Ark. 461, 910 S.W.2d 207 (1995).

Notes of Decisions
Cited in 5 cases, 1995–2017 · leading case: State of Arkansas Off. of Child Support Enf't v. Harnage, 910 S.W.2d 207 (Ark. 1995).
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State of Arkansas Off. of Child Support Enf't v. Harnage, 910 S.W.2d 207 (Ark. 1995). “In his brief, Harnage maintains that the chancellor correctly dismissed the complaint because § 9-14-210 limits the grant of standing to “§ 20-76-410 involving grants to dependent children and § 20-77-109 involving medicare assistance on behalf of the child.”
State, Off. of Child Support Enf't v. Terry, 985 S.W.2d 711 (Ark. 1999). “, Temporary Assistance for Needy Families, or § 20-77-109 or § 20-77-307 is provided to a dependent child; or (2) Whenever a contract and assignment for child support services have been entered into for the establishment or enforcement of a child support obligation for which an…”
Maxwell v. State Child Support Enf't Unit, 16 S.W.3d 293 (Ark. Ct. App. 2000). · cites it 3× “1995) 2 sets forth the following circumstances under which the State is the real party in interest: (1) Whenever aid under §§ 20-76-410 or § 20-77-109 is provided to a dependent child; or (2) Whenever a contract and assignment for child support services has been entered into for…”
Harley v. Dempster, 2017 Ark. App. 159, 512 S.W.3d 698. · cites it 2× “, Temporary Assistance for Needy Families Program, or § 20-77-109 or § 20-77-307 is provided to a dependent child or when child support services continue to be provided under 45 C.”
Harley v. Dempster, 2016 Ark. App. 590, 507 S.W.3d 507. “, Temporary Assistance for Needy Families Program, or § 20-77-109 or § 20-77-307 is provided to a dependent child or when child support services continue to be provided under 45 C.”
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