If a child support arrearage or judgment exists at the time when any child entitled to support reaches the age of majority, is emancipated, or dies, or when the obligor's current duty to pay child support otherwise ceases, the obligor shall continue to pay an amount equal to the court-ordered child support, or an amount to be determined by a court based on the application of guidelines for child support under the family support chart, until such time as the child support arrearage or judgment has been satisfied.
Enforcement through income withholding, intercept of unemployment benefits or workers' compensation benefits, income tax intercept, additional payments ordered to be paid on the child support arrearage or judgment, contempt proceedings, or any other means of collection shall be available for the collection of a child support arrearage or judgment until the child support arrearage or judgment is satisfied.
Income withholding under § 9-14-221 may be used to satisfy a child support arrearage or judgment.
As used in this section, “judgment” means unpaid child support and medical bills, interest, attorney's fees, or costs associated with a child support case when such has been reduced to judgment by the court or become a judgment by operation of law.
The purpose of this section is to allow the enforcement and collection of child support arrearages and judgments after the obligor's duty to pay support ceases.
Amendments.
The 2013 amendment substituted “any child entitled to support reaches the age of majority, is emancipated, or dies” for “all children entitled to support reach majority, are emancipated, or die” in (a); and repealed former (b).
Cross References.
For child support enforcement guidelines, see the Appendix at the end of this subtitle.
Research References
ALR.
Right to credit against child support arrearages for time children spent in custody of noncustodial parent pursuant to visitation or court order. 118 A.L.R.5th 385.
Right to credit on child-support arrearages for money given directly to child. 119 A.L.R.5th 445.
Right to credit against child support arrearages for time child lived with noncustodial parent, other than for visitation or by court order, with approval of custodial parent. 120 A.L.R.5th 229.
Right to credit on child support for contributions to housing costs, utility bills, and other alleged household necessities made for child's benefit while child is not living with obligor parent. 123 A.L.R.5th 565.
Right to credit on child support arrearages for gifts to child. 124 A.L.R.5th 441.
Case Notes
In General.
This section governs actions to collect on child-support judgments to the extent that such actions were not yet barred at the time this section became effective and to the extent that such actions seek only to require the obligor, whose current duty to pay support has ceased, to continue making regular court-ordered child-support payments until such time as the judgment is satisfied. Malone v. Malone, 338 Ark. 20, 991 S.W.2d 546 (1999).
Section 9-14-234 and subsections (a) and (c) [now (b)] of this section are consistent with each other; § 9-14-234(b) codifies the rule that child support becomes a judgment when due and is subject to execution or garnishment, although the trial court has some discretion in setting the payments on the arrearage under subsection (a) of this section, and subsection (c) [now (b)] of this section provides that a parent who is owed child-support arrearages may utilize other enforcement methods to collect the arrearages. Hill v. Hill, 84 Ark. App. 132, 134 S.W.3d 6 (2003).
Applicability.
Because a mother was seeking to enforce a judgment that ordered a father to pay arrearages, rather than bringing an action to recover accrued child-support arrearages from an initial support order, § 9-14-236 was not applicable and the contempt action against a father was not time barred. The father could be held in contempt and sent to jail because this section, the applicable statute to enforce the judgment, did not impose a time limitation on the enforcement of child-support judgments.
Johns v. Johns, 103 Ark. App. 55, 286 S.W.3d 189 (2008).
Trial court did not err in stating that the father's additional child support obligation had not yet been reduced to judgment.
McWhorter v. McWhorter, 2009 Ark. 458, 344 S.W.3d 64 (2009).
Hardship.
Father required to pay back support to reimburse the state, but at a lower amount than prescribed in the guidelines because of the hardship a higher amount would impose on children he was currently supporting. Lovelace v. Office of Child Support Enforcement, 59 Ark. App. 235, 955 S.W.2d 915 (1997).
A chancellor did not err by allowing a noncustodial parent to satisfy the arrearage he owed by making monthly installment payments in the amount of $225 instead of following the requirements of subsection (a) of this section, where the noncustodial parent requested that the chancellor set the arrearage payments at $225 per month because of his other financial obligations, including other child support payments. Office of Child Support Enforcement v. Tyra, 71 Ark. App. 330, 29 S.W.3d 780 (2000).
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1997–2024 · leading case: Malone v. Malone, 991 S.W.2d 546 (Ark. 1999).
Malone v. Malone, 991 S.W.2d 546 (Ark. 1999). · cites it 50דSpecifically, Ark.Code Ann. § 9-14-235, as amended, provides: (a) If a child support arrearage or judgment exists at the time when all children entitled to support reach majority, are emancipated, or die, or when the obligor's current duty to pay support otherwise ceases, the…”
Johns v. Johns, 286 S.W.3d 189 (Ark. Ct. App. 2008). · cites it 10דSee Ark. Code Ann. § 9-14-235 (Repl. 2008). That provision provides that [i]f a child support arrearage or judgment exists at the time when all children entitled to support reach majority .”
McWhorter v. McWhorter, 344 S.W.3d 64 (Ark. 2009). · cites it 4ד) This clearly implies that reducing an order of child support to judgment is an additional step in the collection process and is not simply contained within an order setting out the amount of monthly child support due.”
Hill v. Hill, 134 S.W.3d 6 (Ark. Ct. App. 2003). · cites it 20דThe sole issue on appeal is one of statutory interpretation — whether subsections (a) and (c) of Ark. Code Ann. § 9-14-235 (2002) are mutually exclusive so that the prior use of subsection (a) precludes the use of other collection methods authorized by subsection (c).”
Hardy v. Wilbourne, 259 S.W.3d 405 (Ark. 2007). · cites it 3דSeeArk. Code Ann. § 9-14-235 (Repl. 2002) (specifically providing that “ [i]f a child support arrearage or judgment exists at the time when all children entitled to support reach majority, are emancipated, or die, or when the obligor’s current duty to pay child support otherwise…”
Barnes v. Morrow, 43 S.W.3d 183 (Ark. Ct. App. 2001). · cites it 4דAlthough appellee was held no longer responsible for current support after that time, Ark. Code Ann. § 9-14-235 (a) requires that as to any arrearage in support existing when the obligation to pay current support terminates, the obligor shall pay such arrearage by continuing “to…”
Sanderson v. Harris, 957 S.W.2d 685 (Ark. 1997). · cites it 2דWhile conceding that both children had reached the age of majority, OCSE argued that Ark. Code Ann. §§ 9-14-235 (Supp. 1995) and 9-14-236 (Supp.”
Mixon v. Mixon, 987 S.W.2d 284 (Ark. Ct. App. 1999). “(2) Provided, however, that any unpaid child support obligations owed under a judgment or in arrearage pursuant to a child support order shall be satisfied pursuant to § 9-14-235. (b)(1) If the obligor has additional child support obligations after the duty to pay support for a…”
Mills v. Mills, 315 S.W.3d 707 (Ark. Ct. App. 2009). · cites it 4ד§ 9-14-236 but by Ark.Code Ann. § 9-14-235. The court defined “accrued child support arrearages” as “a delinquency owed under a court order or an order of an administrative process established under state law for support of any child or children that is past due and owing.”
Lovelace v. Off. of Child Support Enf't, 955 S.W.2d 915 (Ark. Ct. App. 1997). “Likewise, in a case such as this where there is no current duty to support due to the child’s reaching majority, Arkansas Code Annotated § 9-14-235 (Supp. 1995) states that: [T]he obligor shall continue to pay an amount.”
Off. of Child Support Enf't v. Tyra, 29 S.W.3d 780 (Ark. Ct. App. 2000). · cites it 4דArrearage Payments After Child-Support Obligation Ceases Appellant’s next argument is that the chancellor erred by allowing appellee to satisfy the arrearage he owed by making monthly installment payments in the amount of $225 instead of following the requirements of Ark. Code…”
Baldwin v. Eberle, 301 S.W.3d 475 (Ark. Ct. App. 2009). · cites it 2דThe supreme court intimated that the defense would have succeeded in Malone had not the legislature enacted Arkansas Code Annotated section 9-14-235 (Repl.1991). Obviously, we decide a much different issue in the instant case.”
Malone v. Malone, 991 S.W.2d 546 (Ark. 1999). “Specifically, Ark.Code Ann. § 9-14-235, as amended, provides: (a) If a child support arrearage or judgment exists at the time when all children entitled to support reach majority, are emancipated, or die, or when the obligor's current duty to pay support otherwise ceases, the…”
Hill v. Hill, 134 S.W.3d 6 (Ark. Ct. App. 2003). “The sole issue on appeal is one of statutory interpretation — whether subsections (a) and (c) of Ark. Code Ann. § 9-14-235 (2002) are mutually exclusive so that the prior use of subsection (a) precludes the use of other collection methods authorized by subsection (c).”
Hill v. Hill, 134 S.W.3d 6 (Ark. Ct. App. 2003). “The sole issue on appeal is one of statutory interpretation — whether subsections (a) and (c) of Ark. Code Ann. § 9-14-235 (2002) are mutually exclusive so that the prior use of subsection (a) precludes the use of other collection methods authorized by subsection (c).”
McWhorter v. McWhorter, 344 S.W.3d 64 (Ark. 2009). “) This clearly implies that reducing an order of child support to judgment is an additional step in the collection process and is not simply contained within an order setting out the amount of monthly child support due.”
Mills v. Mills, 315 S.W.3d 707 (Ark. Ct. App. 2009). “§ 9-14-236 but by Ark.Code Ann. § 9-14-235. The court defined “accrued child support arrearages” as “a delinquency owed under a court order or an order of an administrative process established under state law for support of any child or children that is past due and owing.”
— Ark. Code Ann. § 9-14-235(f) — 1 case
Malone v. Malone, 991 S.W.2d 546 (Ark. 1999). “Specifically, Ark.Code Ann. § 9-14-235, as amended, provides: (a) If a child support arrearage or judgment exists at the time when all children entitled to support reach majority, are emancipated, or die, or when the obligor's current duty to pay support otherwise ceases, the…”
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