Legal Question in Family Law in Arkansas

Childs father quit job....no support being paid....what can I do?

I have a 10 year old daughter and her dad does has a child support obligation through the OCSE in Arkansas for $50.00 a week. Her dad quit his job. I believe he did this because his support obligation was going to be raised to $94.00wkly. He is a electrician by trade and will do work ''under the table'' to keep from paying support. So what happens now? I recently filled out a direct pay statement that was sent to me by the OCSE, generally stating that I was NOT going to give him a break on what he currently owes or his arrears (oh yes did I mention he has been in arrears for 3 years?). They said he would be taken to court and charged with contempt if he does not pay, but I just want to know if there is anything I should be doing. Maybe hire a attorney? He has a attorney. Also he is married and they said his wifes income does not count towards any support order, if that is the case then what good does it do to send a direct pay statement to him if he is not employed? We were NEVER married and he is the one who filled out paperwork for the child support, I have NEVER been to court with him on this matter. Thanks so much for your time.


Asked on 7/23/03, 6:14 pm

1 Answer from Attorneys
Herb Southern The Southern Law Firm

Re: Childs father quit job....no support being paid....what can I do?

Arkansas has a doctrine that can be argued. It is called "Voluntary Impoverishment" Basically, when he quits his joob to avoid the CS, he will still pay based on what he was getting. Also with an Atty, you will be able to garnish his bank account. So, lets say that he and wifey have a joint account, you can't have her paycheck, but once they deposit it, it is fair game .... go get it! OCSE is reluctant to go after bank accounts like that.

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Answered on 7/23/03, 9:22 pm


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