Ark. Code Ann. » Title 9 Chapter 17
Arkansas Code Annotated

Ark. Code Ann. § 9-17-604 (2026)

Choice of law

✓ current as of May 2026
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  1. Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs:
    1. the nature, extent, amount, and duration of current payments under a registered support order;
    2. the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
    3. the existence and satisfaction of other obligations under the support order.
  2. In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
  3. A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
  4. After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

History. Acts 1993, No. 468, § 1; 2015, No. 888, § 1.

Amendments. The 2015 amendment rewrote (a) and (b); and added (c) and (d).

Case Notes

In General.

Counsel's mistaken stipulation to a statute of limitations that barred child support collection did not warrant relief under Ark. R. Civ. P. 60(a). Office of Child Support Enforcement v. Pyron, 363 Ark. 521, 215 S.W.3d 637 (2005).

Construction.

Chancellor could not retroactively apply this section so as to breathe life into a dormant judgment, but the judgment was nevertheless entitled to enforcement under §§ 16-56-202 and 16-56-203 [repealed]. Durham v. Ark. Dep't of Human Services/Child Support Enforcement Unit, 322 Ark. 789, 912 S.W.2d 412 (1995).

Section 9-14-236 provides that the statute of limitations for child support now commences with an initial order of support and extends until a child reaches the age of twenty-three; however, 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).

Trial court properly found that father met his burden of proof for purposes of contesting the registration of a 1979 Indiana child support order based on the 10-year statute of limitations in Ind. Code § 34-11-2-10 where the son turned 18 on June 30, 1991; any action to enforce the child support obligation had to have been brought by June 2001 as the appropriate statute of limitations to apply was that of Indiana. Office of Child Support Enforcement v. Reagan, 89 Ark. App. 262, 202 S.W.3d 10 (2005).

Test.

Determining the longer of two statutes of limitation requires a two-step analysis; first, the court must consider whether there are differing limitations on the time that a custodial parent or child of majority may initiate a proceeding to collect support arrearages and second, the court must look at the longer of the two statutes allowing how far back collection of support arrearages is allowed. Clemmons v. Office of Child Support Enforcement, 345 Ark. 330, 47 S.W.3d 227 (2001).

Cited: Clemmons v. Office of Child Support Enforcement, 72 Ark. App. 443, 37 S.W.3d 687.

Part 2 — Contest of Validity or Enforcement

Publisher's Notes. Part B of this Article was redesignated as Part 2 by Acts 1997, No. 1063, § 20.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1995–2024 · leading case: Clemmons v. Off. of Child Support Enf't, 47 S.W.3d 227 (Ark. 2001).
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Clemmons v. Off. of Child Support Enf't, 47 S.W.3d 227 (Ark. 2001). · cites it 4× “Ark. Code Ann. § 9-17-604 (b) (Repl. 1998).”
Off. of Child Support Enf't v. Pyron, 215 S.W.3d 637 (Ark. 2005). · cites it 2× “Ark. Code Ann. § 9-17-604 (b) (Repl. 2004).”
Schultz v. Butterball, LLC, 402 S.W.3d 61 (Ark. 2012). · cites it 2× “Section 9-17-604 (Choice of law) applies to the contest.”
Durham v. Arkansas Dep't of Human Servs./Child Support Enf't Unit, 912 S.W.2d 412 (Ark. 1995). · cites it 2× “On November 7, 1994, Durham filed a motion for new trial or amendment of judgment and primarily contended that the chancellor retroactively applied Act 468 of 1993, now codified as Ark. Code Ann. § 9-17-604 (Repl. 1993), in applying the Illinois statute of limitations.”
King v. State, 952 S.W.2d 180 (Ark. Ct. App. 1997). “Arkansas Code Annotated § 9-17-604(b) (Repl. 1993), which is part of the Uniform Interstate Family Support Act, provides: “In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies.”
Off. of Child Support Enf't v. Reagan, 202 S.W.3d 10 (Ark. Ct. App. 2005). · cites it 2× “According to Ark. Code Ann. § 9-17-604 (Repl. 2002), the appropriate statute of limitations to apply in this case is that of Indiana.”
Clemmons v. Off. of Child Support Enf't, 37 S.W.3d 687 (Ark. Ct. App. 2001). · cites it 2× “In UIFSA arrearage proceedings, the applicable statute of limitations is the longer of the statute of limitations under Arkansas law or the state issuing the support order.”
Durham v. Ar. Dept. of Human serv./child Support Enf't Unit, 912 S.W.2d 412 (Ark. 1995). · cites it 2× “On November 7, 1994, Durham filed a motion for new trial or amendment of judgment and primarily contended that the chancellor retroactively applied Act 468 of 1993, now codified as Ark.Code Ann. § 9-17-604 (Repl. 1993), in applying the Illinois statute of limitations.”
State of Arkansas, Off. of Child Support Enf't v. Bernard Milner, 2024 Ark. App. 117 (Ark. Ct. App. 2024). · cites it 3× “Ark. Code Ann. § 9-17-604 (c); see also 3 Harper, 2014 Guam 9 ¶¶ 26 & 28 (holding that Guam statute of limitation on executions would govern proceedings to enforce judgment).”
— Ark. Code Ann. § 9-17-604(b) — 2 cases
Clemmons v. Off. of Child Support Enf't, 47 S.W.3d 227 (Ark. 2001). “Ark. Code Ann. § 9-17-604 (b) (Repl. 1998).”
King v. State, 952 S.W.2d 180 (Ark. Ct. App. 1997). “Arkansas Code Annotated § 9-17-604(b) (Repl. 1993), which is part of the Uniform Interstate Family Support Act, provides: “In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies.”
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