Arkansas Code Annotated

Ark. Code Ann. § 9-10-109 (2026)

Child support following finding of paternity

✓ current as of May 2026

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1. 1. Subsequent to the execution of an acknowledgment of paternity by the father and mother of a child pursuant to § 20-18-408 or § 20-18-409, or a similar acknowledgment executed during the child's minority, or subsequent to a finding by the court that the putative father in a paternity action is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit court as if it were a case involving a child born of a marriage in awarding custody, visitation, setting amounts of support, costs, and attorney's fees, and directing payments through the clerk of the court, or through the Arkansas Child Support Clearinghouse if the case was brought pursuant to Title IV-D of the Social Security Act 42 U.S.C. § 651 et seq.
  2. All child support payments paid by income withholding shall be subject to the provisions set forth in § 9-14-801 et seq.
2. The court may provide for the payment of support beyond the eighteenth birthday of the child to address the educational needs of a child whose eighteenth birthday falls prior to graduation from high school so long as such support is conditional on the child's remaining in school.
3. The court may also provide for the continuation of support for an individual with a disability that affects the ability of the individual to live independently from the custodial parent.
1. 1. All orders directing payments through the registry of the court or through the Arkansas Child Support Clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year.
  2. The fee shall be collected from the noncustodial parent or obligated spouse at the time of the first support payment and during the anniversary month of the entry of the order each year thereafter, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor and the support obligation is extinguished and any arrears are completely satisfied.
2. The clerk upon direction from the court and as an alternative to collecting the annual fee during the anniversary month each year after entry of the order may prorate the first fee collected at the time of the first payment of support under the order to the number of months remaining in the calendar year and thereafter collect all fees as provided in this subsection during the month of January of each year.
3. 1. Payments made for this fee shall be made on an annual basis in the form of a check or money order payable to the clerk of the court or other such legal tender that the clerk may accept.
  2. This fee payment shall be separate and apart from the support payment, and under no circumstances shall the support payment be reduced to fulfill the payment of this fee.
4. Upon the nonpayment of the annual fee by the noncustodial parent within ninety (90) days, the clerk may notify the payor under the order of income withholding for child support who shall withhold the fee in addition to any support and remit it to the clerk.
5. 1. All moneys collected by the clerk as a fee as provided in this subsection shall be used by the clerk's office to offset administrative costs as a result of this subchapter.
  2. 1. Until all necessary data processing equipment has been acquired, at least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter.
    2. The acquisition and update of software for the automated data system shall be a permitted use of these funds.
  3. 1. All fees collected under this subsection shall be paid into the county treasury to the credit of the fund to be known as the “support collection costs fund”.
    2. Moneys deposited into this fund shall be appropriated and expended for the uses designated in this subdivision (b)(5) by the quorum court at the direction of the clerk of the court.
The clerk of the court shall maintain accurate records of all support orders and payments under this section.
The clerk may accept the support payment in any form of cash or commercial paper, including personal checks, and may require that the custodial parent or nonobligated spouse be named as payee thereon.

History. Acts 1979, No. 71, § 1; 1985, No. 988, § 2; A.S.A. 1947, § 34-706.1; Acts 1987, No. 599, § 2; 1989 (3rd Ex. Sess.), No. 54, § 2; 1991, No. 1008, § 1; 1991, No. 1098, § 1; 1991, No. 1102, § 1; 1995, No. 1091, § 2; 1997, No. 208, § 6; 1997, No. 1296, §§ 5, 6; 1999, No. 1514, § 1.

A.C.R.C. Notes. Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided: “Legislative intent and purpose. The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

Publisher's Notes. Acts 1989 (3rd Ex. Sess.), No. 54, § 2, is also codified as § 9-12-312.

Research References

U. Ark. Little Rock L.J.

Seventeenth Annual Survey of Arkansas Law — Family Law, 17 U. Ark. Little Rock L.J. 557.

Case Notes

Construction.

Subdivision (a)(1) of this section and § 9-10-113(a) are congruous; the finding of paternity and the establishment of visitation therein is a final determination from which to use the same standards as other custody situations. Norwood v. Robinson, 315 Ark. 255, 866 S.W.2d 398 (1993).

Attorney's Fees.

Both subsection (a) of this section and § 9-27-342(d) provide a statutory basis for awarding attorney's fees in paternity actions. Beavers v. Vaughn, 41 Ark. App. 96, 849 S.W.2d 6 (1993).

The plain language of subdivision (a)(1) of this section limits an award of attorney's fees to proceedings in which the court finds the putative father to be the father of the child. Child Support Enforcement Unit v. Haller, 50 Ark. App. 10, 899 S.W.2d 485 (1995).

Where there was no finding that party was the father of the child, subdivision (a)(1) of this section does not provide a statutory basis to award attorney's fees. Child Support Enforcement Unit v. Haller, 50 Ark. App. 10, 899 S.W.2d 485 (1995).

Trial court did not abuse its discretion in denying mother's motion for attorney's fees in a paternity action; the trial court considered the proper factors in deciding the mother's attorney's fee motion and she failed to show an abuse of discretion by the trial court. Davis v. Williamson, 359 Ark. 33, 194 S.W.3d 197 (2004).

Burden of Proof.

Fathers of illegitimate children should certainly bear the same burden as fathers of legitimate children born of marriage. Norwood v. Robinson, 315 Ark. 255, 866 S.W.2d 398 (1993).

Custody.

Each parent has the right to request a change in custody; it is then that party's burden to show that there has been a change in circumstances since the original order establishing custody or that there were facts not presented at the initial hearing that would bear on the best interests of the child. Norwood v. Robinson, 315 Ark. 255, 866 S.W.2d 398 (1993).

It is not an unfair burden to require the biological father to prove a change of circumstances when the law presumes the child shall be in the custody of the mother and the paternity order establishes visitation. Norwood v. Robinson, 315 Ark. 255, 866 S.W.2d 398 (1993).

Joint Custody.

“Favored” status of joint custody specifically applies in divorce cases rather than custody cases involving children born to unmarried parents but this section expressly provides that, once paternity has been established, the court is ordered to follow “the same guidelines, procedures, and requirements … as if it were a case involving a child born of a marriage in awarding custody [and] visitation.” Accordingly, in a case concerning custody of a child born to unmarried parents, the circuit court did not err in recognizing that joint custody is “favored” under § 9-13-101. Ryan v. White, 2015 Ark. App. 494, 471 S.W.3d 243 (2015).

Once paternity is established, the presumption of awarding custody to the mother is erased, and the biological father is afforded the same right to establish a parental and custodial relationship with the child to which a married parent is entitled. Ryan v. White, 2015 Ark. App. 494, 471 S.W.3d 243 (2015).

Jurisdiction.

Where defendant was found to be father of child in paternity case and ordered to pay support and mother subsequently filed a petition under the Revised Uniform Enforcement of Support Act seeking modification of support order, petition was to be treated just as though it were a child support proceeding subsequent to a divorce, and in such a case, the chancery court that granted the divorce is the court that has continuing jurisdiction to modify the original allowance of child support. White v. Winston, 302 Ark. 345, 789 S.W.2d 459 (1990).

Modifications.

This section authorizes modifications from time to time in the continuing order of support but it does not authorize a modification of a finding of paternity. Wilkins v. Ford, 275 Ark. 469, 631 S.W.2d 298 (1982).

Public Policy.

Insofar as the agreement represented an attempt to permanently deprive the child of support, it was void as against public policy. Paul M. v. Teresa M., 36 Ark. App. 116, 818 S.W.2d 594 (1991).

Cited: Roe v. State, 304 Ark. 673, 804 S.W.2d 708 (1991); Green v. Bell, 308 Ark. 473, 826 S.W.2d 226 (1992); Rudolph v. Floyd, 309 Ark. 514, 832 S.W.2d 219 (1992); Reed v. Glover, 319 Ark. 16, 889 S.W.2d 729 (1994); Doughty v. Douglas, 2017 Ark. App. 445, 527 S.W.3d 732 (2017).

Notes of Decisions

Cited in 28 cases (6 in the last 5 years), 1990–2026 · leading case: Norwood v. Robinson, 866 S.W.2d 398 (Ark. 1993).

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Norwood v. Robinson, 866 S.W.2d 398 (Ark. 1993). · cites it 14× “The chancellor based this requirement on Ark. Code Ann. § 9-10-109 (a)(1) (1987): Subsequent to the finding by the court that the defendant is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state…”

Davis v. Williamson, 194 S.W.3d 197 (Ark. 2004). · cites it 8× “In the November 20, 2002, order, the circuit court noted that fees could be granted under Ark. Code Ann. § 9-10-109 (Repl. 2002), but that fees are granted at the discretion of the circuit court.”

Ryan v. White, 2015 Ark. App. 494 (Ark. Ct. App. 2015). · cites it 8× “We acknowledge that the “favored” status of joint custody specifically applies in divorce cases rather than custody cases involving children born to unmarried parents but note that section 9-10-109 expressly provides that, once paternity has been established, the court is…”

Green v. Bell, 826 S.W.2d 226 (Ark. 1992). · cites it 6× “However, the Winston opinion was written before Ark. Code Ann. § 9-10-109 (1987) was enacted.”

Rudolph ex rel. Rudolph v. Floyd, 832 S.W.2d 219 (Ark. 1992). · cites it 11× “Ark. Code Ann. § 9-10-109 (a) (Supp. 1991).”

Reed v. Glover, 889 S.W.2d 729 (Ark. 1994). · cites it 2× “Section 9-10-109(a) provides: Subsequent to the finding by the chancery court that the defendant is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state applicable to child support orders and…”

Akins v. Mofield, 132 S.W.3d 760 (Ark. 2003). · cites it 2× “Ark. Code Ann. §§ 9-10-109 (a) & 9-10-lll(a) (Repl.”

In Re Implementation of the Revised Admin. Order No. 10, 2020 Ark. 131 (Ark. 2020). “§ 9-12-312 (e)(1)(A), § 9-10-109(b)(1)(A) and § 9-14-804(b) shall not be included as support.”

Jeffery C. Frazier v. Jana Bland & Paige Bland, 2024 Ark. App. 495 (Ark. Ct. App. 2024). · cites it 4× “Paige argued that, regardless of whether the statute cited in their written petitions was applicable, attorney’s fees in this paternity action were authorized by Ark. Code Ann. §§ 9-10-109 (a) and 9-27- 342(d), and Jana asserted further that the trial court has the inherent…”

Louton v. Dulaney, 2017 Ark. App. 222 (Ark. Ct. App. 2017). · cites it 2× “3d 243 , where this court held that [w]e acknowledge that the “favored” status of joint custody specifically applies in divorce cases rather than custody cases involving children born to unmarried parents but note that section 9-10-109 expressly provides that, once paternity has…”

White v. Winston, 789 S.W.2d 459 (Ark. 1990). · cites it 4× “Thus, Ark. Code Ann. § 9-10-109 (a) (Supp. 1989) becomes applicable: (a) Subsequent to the finding by the court that the defendant is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state…”

Bean v. Off. of Child Support Enf't, 9 S.W.3d 520 (Ark. 2000). “(e) If the court determines, based upon the results of scientific testing, that the presumed father is the biological father, the court shall enter an order adjudicating paternity and setting child support in accordance with § 9-10-109, the guidelines for child support, and the…”

Show all 28 citing cases →

— Ark. Code Ann. § 9-10-109(a) — 6 cases

Davis v. Williamson, 194 S.W.3d 197 (Ark. 2004). “In the November 20, 2002, order, the circuit court noted that fees could be granted under Ark. Code Ann. § 9-10-109 (Repl. 2002), but that fees are granted at the discretion of the circuit court.”

Reed v. Glover, 889 S.W.2d 729 (Ark. 1994). “Section 9-10-109(a) provides: Subsequent to the finding by the chancery court that the defendant is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state applicable to child support orders and…”

Norwood v. Robinson, 866 S.W.2d 398 (Ark. 1993). “The chancellor based this requirement on Ark. Code Ann. § 9-10-109 (a)(1) (1987): Subsequent to the finding by the court that the defendant is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state…”

Rudolph ex rel. Rudolph v. Floyd, 832 S.W.2d 219 (Ark. 1992). “Ark. Code Ann. § 9-10-109 (a) (Supp. 1991).”

Doughty v. Douglas, 2017 Ark. App. 445 (Ark. Ct. App. 2017).

— Ark. Code Ann. § 9-10-109(a)(1) — 2 cases

Child Support Enf't Unit v. Haller, 899 S.W.2d 485 (Ark. Ct. App. 1995).

— Ark. Code Ann. § 9-10-109(a)(1)(A) — 2 cases

Jeffery C. Frazier v. Jana Bland & Paige Bland, 2024 Ark. App. 495 (Ark. Ct. App. 2024). “Paige argued that, regardless of whether the statute cited in their written petitions was applicable, attorney’s fees in this paternity action were authorized by Ark. Code Ann. §§ 9-10-109 (a) and 9-27- 342(d), and Jana asserted further that the trial court has the inherent…”

Jessica Donham v. Jake Frauenthal, 2021 Ark. App. 183 (Ark. Ct. App. 2021).

— Ark. Code Ann. § 9-10-109(a)(l) — 1 case

Child Support Enf't Unit v. Haller, 899 S.W.2d 485 (Ark. Ct. App. 1995).

— Ark. Code Ann. § 9-10-109(b)(1)(A) — 5 cases

In Re Implementation of the Revised Admin. Order No. 10, 2020 Ark. 131 (Ark. 2020). “§ 9-12-312 (e)(1)(A), § 9-10-109(b)(1)(A) and § 9-14-804(b) shall not be included as support.”

In Re Proposed Amendments to Admin. Order No. 10, 2022 Ark. 92 (Ark. 2022).

In Re Amendments to Admin. Order No. 10, 2022 Ark. 185 (Ark. 2022).

In Re Proposed Amendments to Admin. Order No. 10, 2019 Ark. 401 (Ark. 2019).

— Ark. Code Ann. § 9-10-109(b)(l)(A) — 1 case

In re Admin. Order No. 10, 347 Ark. 1064 (Ark. 2002).

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