A child support order is a court order. When the other parent stops paying, they’re not just breaking an agreement — they’re violating a legal obligation with real consequences. Arkansas has enforcement tools that most parents don’t know about, and knowing how to use them can make a significant difference for your family.
We work with parents in Benton and Washington Counties who are in exactly this situation — owed money that isn’t coming, unsure what their options are, reluctant to go back to court. This guide explains what Arkansas law gives you and how to use it.
Your First Step: The Arkansas Office of Child Support Enforcement
The Arkansas Office of Child Support Enforcement (OCSE), a division of the Department of Finance and Administration, is the state agency responsible for establishing, collecting, and enforcing child support orders. Their services are available to all families with a child support order — you don’t need to be a public assistance recipient.
OCSE can help you with:
- Income withholding orders, which direct the paying parent’s employer to deduct child support directly from their paycheck before they ever see it. This is the most reliable enforcement method, and it’s automatic in most Arkansas child support orders.
- Tax refund intercepts, where state and federal tax refunds are seized and applied to arrears.
- License suspension, covering both driver’s licenses and professional licenses. Arkansas can suspend or deny renewal of these until payments are current — a serious incentive for parents who depend on a license for work.
- Credit reporting, where arrears above a certain threshold are reported to credit bureaus.
- Passport denial, through a federal program that prevents parents who owe more than $2,500 in arrears from obtaining or renewing a U.S. passport.
To open a case with OCSE or to report noncompliance on an existing case, you can contact them directly or work through your attorney. OCSE handles a high volume of cases, which means response times can vary. If your situation is urgent — especially if you believe the non-paying parent is hiding income or assets — working with a private attorney alongside OCSE often produces faster results.
Taking It Back to Court: Contempt of Court
If the OCSE route isn’t moving fast enough, or if your situation involves intentional evasion rather than simple inability to pay, a contempt of court action is a direct and powerful tool.
When a parent violates a court order by failing to pay support, you can file a motion asking the judge to find them in contempt. In Benton County and Washington County courts, I’ve seen judges take contempt seriously — especially when there’s evidence of willful nonpayment while the parent has the ability to pay.
Consequences for contempt can include:
- Fines payable to you
- Attorney’s fees ordered against the non-paying parent
- Jail time, in cases of persistent, willful noncompliance
Jail is a last resort and courts prefer to use it as leverage rather than punishment — the goal is payment, not incarceration. But the threat is real, and in stubborn cases it’s an effective one.
To pursue contempt, you’ll need documentation: your court order, records showing what was owed, records showing what was actually paid, and evidence of the shortfall. A payment history from OCSE or your bank records showing missing deposits is typically sufficient to establish the violation.
When the Paying Parent Claims They Can’t Afford It
Sometimes a parent genuinely cannot pay — a job loss, a medical crisis, a business failure. Inability to pay is a defense to contempt, but it needs to be proven, not just claimed. A parent who stopped working voluntarily, who is underemployed by choice, or who is hiding income does not have a valid inability defense.
Arkansas courts use the concept of imputed income — if a parent is voluntarily underemployed or unemployed without good cause, the court can calculate support based on what they could earn, not what they are earning. This prevents strategic impoverishment to avoid support obligations.
If the other parent has genuinely had a significant change in financial circumstances, the appropriate path is a formal modification of the support order — not unilaterally stopping payments. Stopping payments without a court order is always a violation, regardless of the reason.
If you believe a modification is warranted, or if the other parent files for one, your attorney can help you evaluate whether the claimed change is legitimate and what a reasonable adjustment would look like.
Interstate Enforcement: When the Other Parent Lives Out of State
One of the most common complications I see is a non-paying parent who has moved out of Arkansas. This doesn’t eliminate your enforcement options — it just adds a layer of complexity.
Arkansas participates in the Uniform Interstate Family Support Act (UIFSA), which allows Arkansas courts to enforce child support orders across state lines and directs other states to honor Arkansas orders. OCSE has an interstate unit specifically for these situations.
If the other parent works or owns property in another state, wage garnishment and property liens can still be pursued through cooperation between the two states’ enforcement agencies. The process takes longer, but the tools remain available.
Frequently Asked Questions
Can I withhold visitation because child support hasn’t been paid? No. This is one of the most important things to understand. Child support and visitation are legally separate. You cannot deny the other parent their court-ordered parenting time as leverage for support payments — even if the non-payment is deliberate and ongoing. Doing so puts you in contempt of court. If support isn’t being paid, enforce it through the legal channels described above.
How far back can I collect unpaid child support? In Arkansas, there is no statute of limitations on collecting child support arrears. Unpaid amounts remain collectible indefinitely, continue to accrue interest, and can be collected even after the child turns 18.
What if the other parent is self-employed and I can’t prove their income? Self-employment makes income verification harder but not impossible. Tax returns, bank statements, business records, and lifestyle evidence can all be used. An experienced attorney can subpoena financial records and, in complex cases, work with a forensic accountant to document actual income.
What if I’m the one paying and I’ve fallen behind through no fault of my own? File a modification petition as soon as possible. Courts look more favorably on parents who engage with the system proactively than those who ignore arrears and hope the problem goes away. The sooner you address it formally, the more options you have.
If child support payments have stopped or become irregular, don’t wait it out. The longer the arrears grow, the harder collection becomes. Call our office in Lowell to talk through your enforcement options.
