Ark. Code Ann. » Title 9 Chapter 14
Arkansas Code Annotated

Ark. Code Ann. § 9-14-109 (2020)

Automatic assignment of rights

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  1. By accepting public assistance for or on behalf of a dependent child, which public assistance is provided by the Department of Human Services under the Transitional Employment Assistance Program, i.e., Temporary Assistance for Needy Families Program, the recipient thereof shall be deemed to have assigned to the appropriate division of the Department of Human Services and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration any rights to child support from any other person as the recipient may have:
    1. In his or her own behalf or on behalf of any other family member for whom the recipient is receiving such assistance; and
    2. Accrued at the time such assistance, or any portion thereof, is accepted, to the extent possible under federal law.
  2. The appropriate division of the Department of Human Services shall give notice in writing to each applicant for such assistance. The notice shall state that acceptance of the assistance will invoke the provisions of subsection (a) of this section and will result in an automatic assignment under subsection (a) of this section.
  3. When a child is placed in the custody of the Department of Human Services, any right to support from any person on behalf of the child shall be deemed to have been assigned to the appropriate division of the Department of Human Services and the office for the period of time that the child remains in the custody of the state.

History. Acts 1997, No. 1296, § 14; 2001, No. 1248, § 5.

Research References

U. Ark. Little Rock L.J.

Moore, Child Support Arrearages: What Statute of Limitations (If Any) Applies?, 19 U. Ark. Little Rock L.J. 487.

Notes of Decisions
Cited in 4 cases, 1999–2017 · leading case: Harley v. Dempster, 2017 Ark. App. 159, 512 S.W.3d 698.
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Harley v. Dempster, 2017 Ark. App. 159, 512 S.W.3d 698. · cites it 8× “2015) does grant party status to the OCSE in an enforcement case, and it is referred to as the “real party in interest,” it does not follow that the custodial parent is not also a party to the litigation. In fact, there can be other issues in a domestic case, such as visitation,…”
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…”
Davis v. Off. of Child Support Enf't, 5 S.W.3d 58 (Ark. Ct. App. 1999). “(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 automatic assignment under § 9-14-109 is not in effect. It is beyond argument that the chancellor could not be…”
Harley v. Dempster, 2016 Ark. App. 590, 507 S.W.3d 507. · cites it 2× “33 as it existed on January 1, 2001; (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 automatic assignment under § 9-14-109 is not in effect; (3) Whenever…”
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