Ark. Code Ann. § 9-14-236 (2026)
Arrearages — Child support limited — Limitations period — Definitions
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As used in this section:
- “Accrued child support arrearages” means 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 unpaid;
- “Action” means any complaint, petition, motion, or other pleading seeking recovery of accrued child support arrearages;
- “Initial support order” means the earliest order, judgment, or decree entered in the case by the court or by administrative process that contains a provision for the payment of money for the support and care of any child or children; and
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“Moving party” means any of the following:
- The custodial parent;
- Any person or agency to whom custody of a minor child has been given or relinquished;
- The minor child through his or her guardian or next friend;
- A person for whose benefit the support was ordered, within five (5) years of obtaining his or her majority; or
- The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when the custodial parent or person to whom custody has been relinquished or awarded is or has been receiving assistance in the form of Aid to Families with Dependent Children or has contracted with the office for the collection of support.
- In any action involving the support of any minor child or children, the moving party shall be entitled to recover the full amount of accrued child support arrearages from the date of the initial support order until the filing of the action.
- Any action filed pursuant to subsection (b) of this section may be brought at any time up to and including five (5) years beyond the date the child for whose benefit the initial support order was entered reaches eighteen (18) years of age.
- No statute of limitation shall apply to an action brought for the collection of a child support obligation or arrearage against any party who leaves or remains outside the State of Arkansas with the purpose to avoid the payment of child support.
- This section shall apply to all actions pending as of March 29, 1991, and filed thereafter, and shall retroactively apply to all child support orders now existing.
History. Acts 1989, No. 525, § 1; 1991, No. 870, § 2; 1995, No. 1184, § 14.
Publisher's Notes. Acts 1989, No. 525, § 1, was also codified as § 16-56-129 [repealed].
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 child lived in custody of noncustodial parent, other than for visitation, where custodial parent's approval was not in issue or was disputed by parties. 112 A.L.R.5th 185.
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.
Laches or Acquiescence as Defense, So as to Bar Recovery of Arrearages of Permanent Alimony or Child Support. 22 A.L.R.7th Art. 1 (2018).
Ark. L. Rev.
Case Note, Roark v. Roark: An Expansion of the Application of Estoppel to Prohibit the Collection of Child Support Arrearages, 45 Ark. L. Rev. 631.
U. Ark. Little Rock L.J.
Survey, Family Law, 12 U. Ark. Little Rock L.J. 631.
Moore, Child Support Arrearages: What Statute of Limitations (If Any) Applies?, 19 U. Ark. Little Rock L.J. 487.
U. Ark. Little Rock L. Rev.
Annual Survey of Caselaw, Family Law, 24 U. Ark. Little Rock L. Rev. 1021.
Case Notes
Purpose.
The purpose of subsection (b) of this section is to prohibit the court from reducing the arrearages from periodic child support after the payments have already fallen due; the General Assembly did not intend by enacting this subsection to abrogate the general rule that a parent is legally obligated to support his minor child even in the absence of a court order. Nason v. State Child Support Enforcement Unit, 55 Ark. App. 164, 934 S.W.2d 228 (1996).
Applicability.
The legislature cannot expand a statute of limitation so as to revive a cause of action already barred, but has the power to affect causes of action not yet barred. Johnson v. Lilly, 308 Ark. 201, 823 S.W.2d 883 (1992).
This section applies retroactively to expand the statute of limitations for causes of action for delinquent child-support payments not barred on the date of its enactment. Branch v. Carter, 326 Ark. 748, 933 S.W.2d 806 (1996).
In actions for child-support arrearages, the limitation period found in this section applies, not the ten-year period in § 16-56-114. Cole v. Harris, 330 Ark. 420, 953 S.W.2d 586 (1997).
This section is the applicable statute when the Office of Child Support Enforcement is pursuing collection of support arrearages for support ordered in a prior judgment. Clemmons v. Office of Child Support Enforcement, 345 Ark. 330, 47 S.W.3d 227 (2001).
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, this section 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 the applicable statute to enforce the judgment, § 9-14-235, 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).
Statute of limitations in this section had no application to the facts, because the limitation applied to “actions,” and the father filed no such action; he only requested that the court recognize and credit him the payments he made pursuant to court order during the relevant time periods that child support was due. McWhorter v. McWhorter, 2009 Ark. 458, 344 S.W.3d 64 (2009).
Assignment.
A custodial mother's assignment to the Office of Child Support Enforcement (OCSE) of her right to support was appropriate because the child at issue had not yet attained the age of 23 at the time she made the assignment nor at the time OCSE filed an action to recover the arrearages. Clemmons v. Office of Child Support Enforcement, 72 Ark. App. 443, 37 S.W.3d 687, aff'd, 345 Ark. 330, 47 S.W.3d 227 (2001).
Delay.
Where there was no agreement between the parties to reduce or terminate the right to alimony, and the plaintiff's delay was the result of frustration by another state's laws, the mere fact that plaintiff delayed pursuing rights to obtain a judgment on past due support did not prevent plaintiff from seeking judgment. Benn v. Benn, 57 Ark. App. 190, 944 S.W.2d 555 (1997).
Retroactive Application.
Child support actions can be brought at any time up to and including five years beyond the time the child reaches the age of 18 years, and this limitation shall apply retroactively. Johnson v. Lilly, 308 Ark. 201, 823 S.W.2d 883 (1992).
The limitations period of this section, as amended by Acts 1991, No. 870, retroactively applied to all delinquent payments which accrued after March 29, 1986. Branch v. Carter, 54 Ark. App. 70, 923 S.W.2d 874 (1996), aff'd, 326 Ark. 748, 933 S.W.2d 806 (1996).
The trial court had authority to award a judgment for retrospective child support. Nason v. State Child Support Enforcement Unit, 55 Ark. App. 164, 934 S.W.2d 228 (1996).
This section cannot be retroactively applied beyond March 29, 1986; any cause of action for child-support arrearages accruing prior to March 29, 1986, is barred. King v. State, Office of Child Support Enforcement, 58 Ark. App. 298, 952 S.W.2d 180 (1997).
Standing.
Administrator of mother's estate had standing to sue to cover the arrears the father owed in child support, insurance premiums, and medical expenses at the time of her death, even though the father had custody of the children at the time of the suit. Darr v. Bankston, 327 Ark. 723, 940 S.W.2d 481 (1997).
Because the General Assembly did not confer the right to collect arrearages only upon the parent having physical custody of a minor child until the child reached majority, and then only upon the adult child, the mother retained the right to pursue child-support arrearages even after the child reached age 18. Clemmons v. Office of Child Support Enforcement, 345 Ark. 330, 47 S.W.3d 227 (2001).
This section does not place a limitation on who can pursue an action for collection of child-support arrearages from the list of possible parties. Clemmons v. Office of Child Support Enforcement, 345 Ark. 330, 47 S.W.3d 227 (2001).
Statute of Limitations.
There is no constitutional impediment, except in title to property cases, to increasing the length of a limitation period and making the increase retroactive to cover claims already in existence; however, the General Assembly may not expand a limitation period so as to revive a claim already barred. Chunn v. D'Agostino, 312 Ark. 141, 847 S.W.2d 699 (1993).
While § 9-14-234 provides that child support installments payable through the court registry become final judgments as they accrue, the general ten-year statute of limitations found at § 16-56-114 does not apply to actions to collect such arrearages; instead, the limitations period found in subsection (c) of this section governs. Sanderson v. Harris, 330 Ark. 741, 957 S.W.2d 685 (1997).
Because the mother filed her action within five years of the child's 18th birthday, under either Arkansas or California law, she timely filed her action to collect child support arrearages. Clemmons v. Office of Child Support Enforcement, 345 Ark. 330, 47 S.W.3d 227 (2001).
This section allows a custodial parent to file a petition to collect child-support arrearages after the child has attained the age of majority but prior to his twenty-third birthday. Clemmons v. Office of Child Support Enforcement, 72 Ark. App. 443, 37 S.W.3d 687, aff'd, 345 Ark. 330, 47 S.W.3d 227 (2001).
Cited: Green v. Bell, 308 Ark. 473, 826 S.W.2d 226 (1992); Ark. Office of Child Support Enforcement v. House, 320 Ark. 423, 897 S.W.2d 565 (1995); Ark. Dep't of Human Servs. v. Harris, 322 Ark. 465, 910 S.W.2d 221 (1995); Office of Child Support Enforcement v. Pyron, 363 Ark. 521, 215 S.W.3d 637 (2005).