lowering child support manual arkansas edition

8/2/2019 Lowering Child Support Manual Arkansas Edition

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LOWERING

CHILD SUPPORT

MANUAL

CHILD SUPPORT SAVINGS CO.

A PROFESSIONAL CORPORATION

ARKANSAS EDITION

Copyright 2007


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Lower your support and make sure your money is actually beingspent on your children once you master simple techniques thatanyone can learn!

Stop losing out the X on child support and use our powerful strategies thatgain equal rights in an unfair court system. - Guaranteed!

If you think you are paying too much in child support, you probably are.

If you are a non-custodial parent paying child support, youre in the rightplace.

If you are paying unreasonable child support you are the victim of one of themost intrusive as well as biased aspects of family law today.

You must be tired!

Tired of being portrayed by the media and the courts as a Deadbeat andviewed as nothing more than a check.

Tired of unfair, biased support calculations and inflated wage assignments thecourts call judgments.

Tired of being required to account for any and all income received butwatching as absolutely no accountability of how money is spent by thecustodial parent.

Tired of being afraid to get a promotion or raise at work because inevitablythat will mean more will be withheld form your paycheck.

Tired of felling like a helpless victim of unfair and partial child supportlegislation with no end in sight.

We are too!

Dont let family and friends tell you that youre screwed, and that custodialparents have the upper hand. You still have rights and can write your ownticket in this unfair system.


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The purpose of this is to inform and educate non-custodial parents paying childsupport, how to protect yourself against unfair and inflated judgments andoffer a guide to minimize child support payments.

No one denies that a non-custodial parent has a duty to support his or herchildren. This is not advocating the non-payment of child support or approvesof anyone who tries to elude his or her obligation. We are law-abiding parentswho love their children but through unfortunate circumstance have been castinto a nightmare of a child support system that has been in desperate need ofan overhaul. A support system that is at best unfair, and at worstunconstitutional.

Make no mistake about child support collections, its big business. It is in thepublic agencies best interest to collect as much as possible from non-custodialparents because the funding they receive is directly proportional to the

amounts they collect. Private companies have made child support collection amillion dollar a year industry. With this take em to the cleaners philosophyby the public and private sector, coupled with a very dim view held by themedia and the courts toward non-custodial, a parent does not stand much of achance against over the inflated judgments waged upon them.

The non-custodial parent is held accountable for where they are employed,where they live, and any and all income. The custodial parent is heldaccountable for nothing.

According to the law, the court must presume that the custodial parent is

supporting the child. The custodial parent receives money on behalf of thechild. If child support money is used to pay for a new house or car shouldntthe child have equity, or be named on the deed or title?

By keeping support payments at a minimum a non-custodial parent can makedirect purchases of food, clothing and services for the children.

Until legislators step in, (which may take years) non-custodial parents willcontinue to feel helpless, depressed and powerless in light of unfair andinflated support judgments against them.

Now dont get us wrong we are not advocating an avoidance of paying yourresponsibility, but we do believe that in many circumstances these childsupport payments tend to become mother and boyfriend support payments.Only you can be the judge of that and whether this is a good option for you topursue.


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Here are the choices:

1. Continue to pay grossly inflated support payments hoping somedaylegislation will change. Meanwhile living a substandard quality of livingthan youre entitled to.

2. Simply do not pay or flee. Aside from being ludicrous, this willnegatively impact the child. In addition, with this type of irresponsibleaction, arrearages simply add up plus lead to incarceration.

3. Educate and protect yourself by learning techniques from child supportsavings.com.

Childsupportsavings.com is a source of support and information for the man orwoman facing separation from their children including support, insurance andchild care issues. This is a rough new road ahead and you can benefit from theexperience of those who have gone before you. (and perhaps learned the hardway!)

By the way - Shawn Combs aka Puff Daddy is currently paying over $30,000 permonth in child support for one child. (well and maybe the mother too) Ouch!


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FACTS

The U.S. Census Bureau has reported that fathers with joint custody pay 90.2%of all child support ordered; fathers with limited visitation rights pay 79.1%;and 44.5% of those fathers with no visitation rights still financially support theirchildren.

30% of custodial mothers not receiving child support have never asked for or donot want child support.

25% of custodial mothers do not receive child support because the father isunable to pay.

20% of custodial mothers not receiving child support have made other financialarrangements with the father.

11% of custodial mothers not receiving child support do not have a childsupport order.

Of ten million custodial mothers only 7% (one out of fourteen) do not receivechild support because of a deadbeat dad.

63% of youth suicides are often from fatherless homes. (Source: U.S. D.H.K.S.,Bureau of the Census)

90% of all homeless and runaway children are from fatherless homes.

85% of all children that exhibit behavioral disorders come from fatherlesshomes. (Source: Center for Disease Control)

80% of rapist motivated with displaced anger come from fatherless homes.(Source: Criminal Justice & Behavior, Vol 14, p-403-26, 1978)

71% of all high school dropouts come from fatherless homes. (Source: NationalPrincipals Association Report on the State of High Schools)

75% of all adolescent patients in chemical abuse centers come from fatherlesshomes. (Source: Rainbows for all Gods children)

70% of juveniles in state-operated institutions come from fatherless homes.(Source: U.S. Dept. of justice, special report, Sept. 1988)


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These facts translate to mean that children from a fatherless home are:

5 times more likely to commit suicide. 32 times more likely to run away. 20 times more likely to have behavioral disorders.

14 times more likely to commit rape. 9 times more likely to drop out of high school. 10 times more likely to abuse chemical substances. 9 times more likely to end up in a state-operated institution. 20 times more likely to end up in prison.

How is Arkansas child support determined?

In Arkansas, either parent may be ordered to provide child support. Thedecision by the courts to order a reasonable amount of child support are basedon the following factors:

the circumstances of the parents and the child;

the nature of the case.

Arkansas has official child support guidelines that determine child support paidbased on the parents income and other financial factors. These guidelines aredesigned to be in the best interests of the child. When the payers incomeexceeds that on the state guideline chart, the following percentages are used:

One dependent: 15%

Two dependents: 21%

Three dependents: 25%

Four dependents: 28%

Five dependents: 30%

Six dependents: 32%

The state child support guidelines will be used by the court to determine thechild support payments unless this amount is determined to be unjust, and the

court makes written findings on the record that the application of the supportchart would be unjust and inappropriate.

At what age does child support payments end?

Generally, the obligation ends when the child reaches 18 years of age or thechild graduates from high school, whichever occurs later. A child will also


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automatically be ineligible for child support if that child marries, is removedfrom disability status by a court order, or the child dies.

Arkansas's custody guidelines:

When it comes to awarding child custody in Arkansas, the decision will be made

without regard to the sex of the parent. The court considers the welfare andthe best interests of the child, as well as the following factors:

the circumstances of the parents and the child

the nature of the case

which parent is most likely to allow frequent and continuingcontact with the other parent

and any acts of domestic violence

Joint custody may be awarded if it is found to be in the best interests of thechild.

Arkansas's medical insurance guidelines:

Generally, a determination about who is going to provide medical health careinsurance for the children and how uninsured medical bills will be paid is partof the marital settlement agreement set out in the divorce process. There is astandard medical order which requires both parents to carry medical insuranceat their place of employment if it is available at a reasonable cost. Also underthis order, each party is required to pay half of the medical expenses of the

minor child not covered by the insurance.If the non-custodial parent has been ordered by the court to pay medicalsupport or to maintain health care coverage, this parent is subject to incomewithholding for the health care coverage in Arkansas.

A court may issue an income deduction order to insure that the required healthcare coverage is being provided for the children of the parties. The incomewithholding order will become effective as soon as the child or children areenrolled in a health insurance coverage plan.

Once activated, income withholding shall apply to current and subsequent

periods of employment. Furthermore, income withholding for health care willhave priority over all other legal processes against the earnings of the non-custodial parent except an income deduction order for child support.

How permanent are the provisions for Arkansas child support and custody?

As in most states, court orders providing for support and custody of childrenare subject to modification after a divorce if there is a substantial change in


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either of the parties circumstances, such as a significant increase or decreasein income. In Arkansas, the criteria for a modified court order includes:

both parents offer their consent for a modification

there is a 20% or a $100 change per month in the payers gross

income

In Arkansas, reviews of court orders occur once every 36 months from the dateof the most recent order or the most recent review.

While all orders concerning the children are modifiable in the future, weencourage you to not enter into an agreement based on the idea that it canalways be changed or modified later.

Wage garnishment for child support payments:

Yes. Almost every state, including Arkansas, has a provision for withholding

child support directly from the earnings of the parent who has been ordered toprovide support. In fact, in Arkansas, all child support orders issued include aprovision for immediate implementation of income withholding, barring anygood reason not to require immediate withholding. The way money is withheldis very similar to the way income taxis withheld.

This way of paying and receiving child support is generally easier for bothparties and considered a very dependable solution. The way it typically worksis, once the support is withheld, it is then sent to the state agency authorizedto receive and disburse payments. Once it has been verified that the support

was paid, it is then sent to the custodial parent.

How does joint custody work?

In Arkansas, joint or shared custody may be awarded if the court determines itis in the best interests of the child.

Specifically, joint custody is a form of custody of minor children that requiresboth parents to share the responsibilities of the children, and for both parentsto approve all major decisions related to the children.

While it is a 50-50 sharing of responsibilities and major decisions affecting thechildren, it rarely works out to be a 50-50 sharing of time with the children.Usually one parent is named as the primary joint custodian and the otherparent is granted visitation. The primary joint custodian typically retains thedecision making power to determine the childs primary residence and schooland to designate things such as the childs primary physician.


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How Arkansas determines child visitation:

The state guidelines assume that the non-custodial parent or the parent who isnot the primary joint custodian, has visitation rights every other weekend andfor several weeks in the summer.

Is there a statute of limitations on collecting unpaid child support?Yes, prior to 1998 the statute of limitations was 10 years. In 1998 a change wasmade to the statute lowering it to 5 years, and was not retroactive. In otherwords, the custodial parent still has 10 years to collect those missed paymentsif the cases is prior to 1998. For all cases after 1998, the custodial parent onlyhas five years.

Is there any interest applied to unpaid child support in Arkansas?

In some instances, interest is applied. There is a 10% interest penalty appliedto missed child support payments. There is also a 10% interest penalty appliedto adjudicated arrearage in other words, past due child support payments for

which there was a court order. There are, however, no interest paymentsapplied to retroactive child support.

Essentialsfor dealing with your new situation

A. A Lawyer hate to tell you, but you will most likely need a lawyer tohelp protect your parental rights. THATS RIGHT YOU STILL HAVERIGHTS!! Besides the obligation to pay support, you still have all therights that go along with that provided you dont give them away. Agood lawyer is key in helping you do this. As with most things in this life

you seem to get what you pay for consider this fact when choosing yourcounselor.

B. A Solid Financial Plan Yes a real budget but much more than that -doing your homework on Insurance, medical savings accounts, lifeinsurance and tax strategies. It is true that people have been arrestedand put in jail for failing to pay the court ordered support. You cantafford to be one of those people. With a complete plan the initialstress you are probably feeling can be significantly reduced.

C. Knowledge of the Topic knowledge is power! Knowing your rightsgives you a position of equal power (not a lesser than parent who is onlywanted for Cash!) This will be an ongoing thing in your life for up to 18or possibly more years, can you afford (literally) to be uninformed andjust follow the crowd. We dont think so!

D. Resources There are a variety of local, state and federal agencies thatare available to help you with a wide array of related issues. We willprovide you with contact information for these sources. They are free might as well use them.


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FINANCIAL CONSIDERATIONS

These are typical components on most court ordered supportdocumentsyour case may not require all of these. Know what youare required to do and for how long!

A. Insurance for the Child Are you required to provide it?

1. Company sponsored health plan where you work.

2. Individual insurance policy

3. State Coverage (many states have an umbrella type of childcoverage)

B. Child Care (day care) Expenses Are you required to provide $ for it?

1. Is it a % of the total childcare expenses?

2. How is this $ verified to the court? Hopefully cancelled checkswill be provided so you can know this is actually being paid.

3. Who is providing this care for your childyou have a right to someinput regarding who this is. Its not some unemployed relativewho is claiming to be paid $1500 / month is it?? It happens allthe time.

C. Life Insurance on you with the child as beneficiary. Are you ordered toprovide this? If not do you want to anyway? Probably a very goodidea.

1. Employer sponsored life insurance plan. Probably your cheapestoption term coverage.

2. Individual life insurance policy.

D. College Funding Are you required to pay for it by court order and if sohow much a month or year and into what type of investment? (If thereare any restrictions on what type of investment product it will say inthe court order.)

1. UGMA / UTMA Account Listed in the childs name and turnedover to them at majority age. Now you can still choose thetype of investment vehicle inside this UGMA account (CDs,Bonds, Stocks, and Mutual Funds). If you have joint custodytypically it means that you get to make these decisions, afterall you are contributing the $.


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CHILD SUPPORT PAYMENTS YOU ARE REQUIRED TO MAKE THESE!No doubt about it. Make sure you are familiar with the process ofpayment. This varies dramatically state by state. You arerequired to pay a percentage of your net (after tax) paycheck

The NET amount is the key! Three things affect your gross and netcheck amounts:

1. Deductions for Retirement Plans

2. Deductions for Health Insurance

3. Deductions for Taxes

What is left is your NET check amount. Not all states includeretirement plan contributions as an eligible deduction. Checkyour specific state to see if you can use retirement plans

contributions to reduce your net check.

* NOT MANY PEOPLE KNOW THIS! *

When you started your job way back whenever you completed an IRS W4form that listed your name, address, social and how many dependents you areallowed to claim.

There is also another box (line 6) on this form where you are asked is there anadditional amount that you would like to withhold from your check for taxes?Nobody ever does this right? Wrong! NOW IS THIS TIME!!! You can submit anew W4 form to your employer at any time and they have them on hand.

You can specify an additional amount that you can handle to be withheld fromyour check or about 20% of your gross income to be applied to taxes, howeverat the end of the year you normally get a refund guess what? YOU WILL GETALL THAT MONEY BACK!

So why would you want to delay getting this money until tax time? Because itwill SIGNIFICANTLY REDUCE YOUR NET income, which is, what your childsupport payment % is based on.

Your tax allowances and withholding can be changed as often as needed by lawwith your employer. Under current law it is totally legal and you cannot bepenalized for adding an additional withhold amount on your W4. Next page isan example


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Your child support payment is based on your NET PAY dollar amount on yourpay stub. The key to lowering your child support payment is to have the mostdeductions possible on your paycheck. Taking out your work-sponsored healthinsurance on yourself and your children, 401K plans, and the most taxespossible with additional withholding is what will lower your net pay.

Taking out all these deductions will usually drop your net pay by half. Weknow this is a lot less money than you are used to making, after taking outthese deductions. The good news is that this is just temporary, only short

term through your child custody and support case.

Once your child custody and support case is over and your court dates aredone, these deductions can be changed back to your original level. You thenwill be back to your original paycheck dollar amount and comfort of what youare used to making. The courts calculation for deciding the child supportpayment amount is a 1 time finding during your court case based on your pay

stub. This is not an ongoing process of checking what you are currently makingfor your child support payment percentage.

You can then reduce your heath insurance and 401K plans, as well as changeyour tax allowances and deductions back to what they were originally. Thiswill bring you back to what you were making originally and your paycheckamount will be back to what it was before your child custody and support case.


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GROSS INCOME STATE CALCULATIONS

These are some ways to lower your gross income for your states calculation.

A. Rearranging your salary

1. Stock options - Instead of earning a straight salary, rearrange yourcompensation so that you are paid less, but also receive stock options. Stockoptions are only considered income when exercised, which could be yearsaway.

2. Tax shelters - Invest in tax shelters. The basic structure of a tax shelter isthat the tax benefits from the losses outweigh your investment. The tax lossescan also serve to reduce your income for child support purposes.

Amounts Earned as an Employee

If you work as an employee, compensation income generally includes yourwages, salaries, tips, bonuses, commissions and similar amounts. But thefollowing items don't count as compensation income:

The following items may not be included in your compensation income:

! Investment income such as dividends and interest

! Pension or annuity income

! Deferred compensation (payments postponed from a prior year)

! Any form of income that's not taxable (such as foreign earned incomeand housing allowance that are excluded from income)

The key to lowering your gross income is to change the way youare paid as an employee. Think of ways you can be compensatedthan your normal pay through your weekly paycheck.

Does the company you work for provide products and or services that could beuseful to you? Request your employer to change the way you are paid to getcompany services or products, and lower you hourly or salary rate in place ofthese discounts for company. Tell your boss you would prefer fringe benefitsincreases over raises in pay.


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LOWERING YOUR INCOME

All child support awards are based on income. Some states start with gross,some with net after taxes and allowed adjustments. The best way to loweryour child support is to lower your income by one or more of the followingmethods.

A) Paycheck deductions.

To lower your net income you need take all deductions possible,this will include: health insurance, retirement plans, and taxes.Company sponsored health plans should be taken out on you andall children. Some states also allow up to 10% of your income intoretirement plans as a deduction towards your net income. Claimall allowances on your W-4 form and take an additional amountout towards taxes.

B) Income shifting

1. If you are a commission salesman, ask your boss if a friendcould have a sales contract and help with sales. This opensmay opportunities and possibilities to shift income to afriend who actually participates in the sale.

2. If you are self-employed, consider putting your kids on thepayroll for odd jobs or your new spouse as manager. Payyour spouse well, the same as you would have to pay anyother employee. The salaries paid lower your net incomeand thus, child support.

C) Rent from your spouse

Consider renting your home office space, shop, vehicles orequipment form your new spouse or your parents. This will give you theadditional benefit that rental income is not subject to social securitytaxes, saving about 20% of your earnings and, of course, you can pay areasonable amount of rent on the property!

D) Let your spouse do the saving

Spend your income and let your new spouse save hers put theearned interest into her separate bank accounts. In some states, this wontwork unless you have a pre-nuptial agreement signed before your marriage.


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E) Defer income, accelerate deductions

When possible, defer increases of income or commission receiptsuntil after any determination of support and use Section 179 of the IRS Code to

the maximum extent possible to lower your income immediately (deductionsfor business equipment purchases). See your accountant about paying with acharge card to get the full deduction immediately plus increasing your monthlydebt (lowers your income).

F) Tell your boss you would prefer fringe benefits increases overraises in pay.

G) Use one charge card to pay for all medical expenses not coveredby insurance and essentials bought for the children and pay thebill off monthly until child support litigation is over. This willnormally be allowed to reduce your monthly income when

computing child support percentage based awards.

LOWERING SUPPORT WITH VISITATION

TIMEThe percentage of time that children spend with the non-custodial parent canlower support with increased visitation. This percentage is calculated bytaking the number of nights the children spend with the non-custodial parentduring the year and dividing that number by 365. A standard visitation orderwith every other weekend, vacation time, and holidays is equal to about 20%visitation time. If you increase your custody and visitation to a higher or anequal amount this may reduce your support payments by the amount ofincreased time-share. The higher the percentage of non-custodial time-share,the lower the support payment will be made to the custodial parent.

Generally, the more time you spend with the children the less child supportyou will pay.


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REDUCING CHILD SUPPORT WITH SSI

If your children are disabled and eligible for SSI (even just with learning orattention problems), your child support may be reduced by the amount of SSIpayments. These payments are often very substantial and can in many caseswipe out the child support obligation completely.

MODIFICATION OF CHILD SUPPORT

If your income drops, petition to modify (lower) your child supportimmediately. You will be held liable for the unmodified level when your exgoes after you for back support later, after your income increases, if you donthave a court order lowering your support. Child support does not automaticallystop or become modified because of injury, loss of job or any other reason ifyou are unable to pay support. You must file modification paperwork and makethe court aware of your new changed circumstances. The support can only bechanged back to the date of the filing, any changes made by the court will beretroactive to the date you filed the court action.

A verbal or written agreement between you and your ex is worthless. Only a

judge can agree to lower your support, because only he protects the childsright to child support. Since child support is the childs, not your exs shecannot agree to lower your support. She can agree to a stipulated order for ajudge to sign lowering your support.

The next page is the form you will use to file a motion for modification of childsupport.


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SUPERIOR COURT OF ARKANSASCOUNTY OF _____________________

In re:

Petitioner,and

Respondent.

CASE NO.

PETITION FOR MODIFICATIONOF CHILD SUPPORT

I. BASIS

___________________________________________ [Name] represents to the court that:

1.1 PLACE OF RESIDENCE.The petitioner resides in ____________________________________________[County and State].The child(ren) reside(s) in __________________________________________[County and State].The respondent resides in ___________________________________________[County and State].

1.2 JURISDICTION OVER PARENTS.This court has jurisdiction over the parents for the reasons that follow.

[ ] There is a ___________ Order of Child Support.[ ] Both parties presently reside in the state of ___________.

[ ] Other:

1.3 MOST RECENT SUPPORT ORDER.The most recent support order was entered in __________________________ [County

and State] on ___________________________________ [Date].

The order requires ___________________________________ [Name] to pay$________ per month for the support of (list name(s) of the child(ren):

1.4 REASONS FOR MODIFYING CHILD SUPPORT.

The order of child support should be modified for the following reasons.

[ ] The previous order was entered more than two years ago and there hasbeen a change in the income of the parents.

[ ] ___________________________________ [Name of child] is in need of postsecondary educational support because the child is in fact dependent andis relying upon the parents for the reasonable necessities of life.


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[ ] ___________________________________ [Name of child] is a dependentadult child and support should be extended beyond his or her 18 thbirthday.

[ ] The previous order was entered by default.[ ] The action was commenced by _______ for a child who is receiving public

assistance money and modification pursuant to ___________ isappropriate.

[ ] The previous order was entered more than a year ago and:

[ ] The order works a severe economic hardship.[ ] The child has moved to a new age category for support purposes.[ ] The child is still in high school and there is a need to extend

support beyond the childs 18th birthday to allow the child to

complete high school.[ ] An automatic adjustment of support should be added consistent

with ____.[ ] Either or both parents should be required to maintain or provide

health insurance coverage consistent with ___________.

[ ] There has been the following substantial change of circumstances sincethe order was entered (explain):

[ ] Other:

1.5 STARTING DATE OF MODIFIED ORDER.[ ] Does not apply.[ ] The starting date of the modified child support order should be the date

on which this petition is filed.

1.6 OTHER:

II. RELIEF REQUESTED

The court should modify the order of child support by requiring either or both parents tomaintain or provide health insurance coverage consistent with __________ for thechild(ren), if not previously ordered, and by:

[ ] ordering child support payments which are based upon the __________ StateChild Support Schedule. A copy of the child support worksheet is filed with thisaction.


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[ ] ordering repayment or credit for overpaid child support since the date of filingthis petition.

[ ] ordering payment of underpaid child support since the date of filing this petitionor entering judgment in that amount.

[ ] requiring a periodic adjustment of support.

[ ] extending child support beyond ___________________________________s [Nameof child] 18th birthday to allow the child to complete high school.

[ ] extending child support beyond ___________________________________s [Nameof child] 18th birthday until (he) (she) is no longer dependent upon either or bothparents and is capable of self-support.

[ ] allowing for post secondary educational support for _______________________[Name of child].

[ ] ordering the payment of day care.[ ] ordering the payment of educational expenses.[ ] ordering the payment of long distance transportation expenses.[ ] ordering the payment of uncovered health care expenses.

[ ] awarding the tax exemption for the children as follows:[ ] ordering the payment of attorneys fees and costs.[ ] other:

Dated:Signature

Print or Type Name

I declare under penalty of perjury under the laws of the state of ________ that theforegoing is true and correct.

Signed at ______________________________ [City and State] on ____________________

[Date].

Signature

Print or Type Name


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CHILD SUPPORT WORKSHEETThis is the component of declaring your expenses for your income. Be sure tolist all expenses possible and request a special low income range calculationfor your case. This will help you show undue financial hardship caused by thechild support payments and can be presented to the court to receive a lowerpayment.

Children and Ages:

Part I: Basic Child Support Obligation

1. Gross Monthly Income Father Mother

a. Wages and Salaries $ $b. Interest and Dividend Income $ $c. Business Income $ $

d. Spousal Maintenance Received $ $e. Other Income $ $f. Total Gross Monthly Income

(add lines 1a through 1e) $ $

2. Monthly Deductions from Gross Income

a. Income Taxes (Federal and State) $ $b. FICA (Soc.Sec.+Medicare)/Self-Employment

Taxes$ $

c. State Industrial Insurance Deductions $ $

d. Mandatory Union/Professional Dues $ $e. Pension Plan Payments $ $f. Spousal Maintenance Paid $ $g. Normal Business Expenses $ $

h. Total Deductions from Gross Income(add lines 2a through 2g) $ $

3. Monthly Net Income(line 1f minus 2h) $ $

4. Combined Monthly Net Income(add fathers and mothers monthly net incomes from line 3)

(If combined monthly net income is less than $___, skip to line7.)

$

5. Basic Child Support Obligation (enter total amount in box --------

)

Child #1__________________ Child$

Father Mother6. Proportional Share of Income

(each parents net income from line 3 divided by line 4). .

7. Each Parents Basic Child Support Obligation(multiply each number on line 6 by line 5)

(If combined net monthly income on line 4 is less than $___,enter each parents support obligation of $___ per child.Number of children: ________. Skip to line 15a and enter this $ $


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amount.)Part II: Health Care, Day Care, and Special Child Rearing Expenses

8. Health Care Expenses

a. Monthly Health Insurance Premiums Paid forChild(ren)

$ $

b. Uninsured Monthly Health Care Expenses Paid forChild(ren)

$ $

c. Total Monthly Health Care Expenses(line 8a plus line 8b) $ $

d. Combined Monthly Health Care Expenses(add fathers and mothers totals from line 8c) $

e. Maximum Ordinary Monthly Health Care(multiply line 5 times .05) $

f. Extraordinary Monthly Health Care Expenses(line 8d minus line 8e., if 0 or negative, enter 0) $

9. Day Care and Special Child Rearing Expenses

a. Day Care Expenses $ $b. Education Expenses $ $

c. Long Distance Transportation Expenses $ $d. Other Special Expenses (describe) $ $

$ $$ $

e. Total Day Care and Special Expenses

(Add lines 9a through 9d) $ $

10. Combined Monthly Total Day Care and Special Expenses(add fathers and mothers day care and specialexpenses from line 9e)

$

11. Total Extraordinary Health Care, Day Care, and SpecialExpenses

(line 8f plus line 10)$

12. Each Parents Obligation for Extraordinary Health Care,Day Care,

and Special Expenses (multiply each number on line 6 byline 11)

$ $

Part III: Gross Child Support Obligation

13. Gross ChildSupport Obligation (line 7 plus line 12) $ $

Part IV: Child Support Credits

14. Child Support Creditsa. Monthly Health Care Expenses Credit $ $b. Day Care and Special Expenses Credit $ $c. Other Ordinary Expenses Credit (describe)

$ $d. Total Support Credits (add lines 14a through 14c) $ $

Part V: Standard Calculation/Presumptive Transfer Payment

15. Standard Calculation Father Mother

a. Amount from line 7 if line 4 is below $___. Skip to PartVI.

$ $


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b. Line 13 minus line 14d, if line 4 is over $___ (see below ifappl.)

$ $

Limitation standards adjustments

c. Amount on line 15b adjusted to meet a % of net incomelimitation

$ $

d. Amount on line 15b adjusted to meet need standard

limitation

$ $

e. Enter the lowest amount of lines 15b, 15c or 15d: $ $

Part VI: Additional Factors for Consideration

16. Household Assets(List the estimated present value of all major household

assets.)

FathersHousehold

MothersHousehold

a. Real Estate $ $

b. Stocks and Bonds $ $

c. Vehicles $ $

d. Boats $ $

e. Pensions/IRAs/Bank Accounts $ $

f. Cash $ $g. Insurance Plans $ $

h. Other (describe) $ $

$ $

$ $

17. Household Debt

(List liens against household assets, extraordinary debt.)$ $

$ $

$ $

$ $

$ $18. Other Household Income

a. Income Of Current Spouse (if not the other parent ofthis action)

Name_________________________________________________

Name_________________________________________________

$

$

$

$

b. Income Of Other Adults In Household

Name_________________________________________________

Name_________________________________________________

$

$

$

$


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PRESENTING YOUR CASE IN COURTGet to the court about a half hour before your court hearing time. Try to talkto a Family Services Officer or a Support Enforcement Officer as this person canhelp you with how things happen in that particular court. Be sure to ask thisOfficer when your case will be heard. And, tell the Officer if you and the otherparty have or have not reached an agreement.

If this is a child support case, you will need to fill out a worksheet from theChild Support Guidelines. This worksheet will show what the Guidelines say thechild support order should be. (If you don't have a worksheet, you may be ableto get one from the court clerk).

Listen to the judge's or magistrate's instructions when he/she opens the court.

When your case is called, say your name for the court reporter. Be polite and

respectful of the judge and the other side. If you have an agreement, presentthe agreement to the clerk. If you have not reached an agreement, you willspeak before the other side in your case speaks since you made the motion tochange the court order. Give your side of the story slowly and completely. Tryto stay to the facts. The other side will have the right to ask you questions(cross-examination). State what you are seeking, for example, an increase inchild support. State what was previously ordered and what has substantiallychanged. If this is a child support case, tell the judge how you calculatedchild support on the worksheet and the reason for the child support order to beraised or lowered. The judge will probably require that you be "sworn in" (takean oath to tell the truth) before you testify.

Be specific about how much more you want the other party to pay or howmuch less you are able to pay, and give the reasons why.

The other side will be allowed to present its case after you are finishedpresenting your case. You will have the right to cross-examine the other partyand his/her witnesses, but your questions should relate only to what theytestified about. Never argue with a witness. You also have a right to testifyagain to rebut what was said.

After the witnesses have testified, the judge may allow both sides to make ashort argument (that is, briefly say why the order should be changed). You will

probably be given the chance to speak first. Stay on the specific issues raised inyour motion. The judge may lose patience if you go on too long.

At the end of the hearing, the judge may make a ruling "from the bench" (rightthen and there). Often, though, the judge will say, "I'll take the papers," whichmeans a decision will be made later. In that case, the clerk will send you acopy of the court's decision which will have the judge's orders. If you do nothear from the court in a few days, call the clerk and ask about the case.


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MY EX SAYS THEY HAVE NO JOB OR INCOME

What can be done when your ex claims they have no job or source of income?This is important because this you will cause you to pay a higher percentage ofthe support based on both parties income together. There is something that

can be done about this. Child support law guidelines have an imputedincome rulethat applies to those who have a support obligation but do nothave a job or source of income.

The working non-custodial parent can then ask the court to evaluate the otherpersons ability to work. After completing an employment evaluation anddiscovering that the custodial parent is capable of working the court canimpute an income to that person based on their earning capacity from theirprevious job. Basically, if a non-working parent had a job prior to not working,that hourly rate of pay they had previously made will be said that they havethe ability to make that same amount of income. As long as there are nophysical or mental disabilities that would not allow that parent to work, thecourt expects a parent to find employment. This evaluation must bespecifically requested at the time of the court case or by a separate motion.

SAFEGUARDING YOUR ASSETS

If possible, dont own anything. Your new spouse or parents or trusted advisorcould own assets so that your ex will be discouraged from going after them.

Explore possibilities of setting up corporations or trusts to hold property. Thetrusts could be arranged to benefit your children.

PROVING CHILD SUPPORT PAYMENTS

Ensure that all of your child support payments be paid through the circuit clerk

of the court. The clerk maintains computerized records which will preventyour ex from forgetting you paid support.

Invest in a one-write checking system that automatically creates a carboncopy entry onto the check register. The SAFEGUARD system is one of severalavailable systems that works well. Keep track of all money spent on yourchildren with ledger entries. ALWAYS pay by check!


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The one-write system will also provide you a simple way to prove how youspend your money, an invaluable aid when litigating child support awards andpreparing budgets for the court. You should have a column heading tocorrespond to each expense claimed on your financial statement.

Save every check you write for child support or for items you buy for thechildren forever and keep a child support log on a monthly basis.

PREVENTING SEIZURE OF YOUR TAXREFUND

If you are found to be behind in child support, you can count on your tax refundbeing taken each year.

The solution to this is to claim the maximum number of exemptions allowable,so that you are not overpaying your taxes (the only reason for a refund). Seeyour employer to adjust your deductions with a W-4 form. If you are self-employed, calculate your quarterly payments carefully so as to eliminateoverpayment without incurring underpayments penalties. Make sure yourspouse also takes the maximum exemptions if you are filing a joint return.

PROTECTING YOUR BANK ACCOUNT

FROM SEIZUREIncorporating your business

If you are subject to a wage garnishment order for child support arrears, yourchecking account can be seized at anytime, without notice.

A DBA bank account will not help you, even if it is primarily held by yourcurrent spouse. The Child Support Enforcement people can and will levy theaccount if you owe any arrears. This can cause extreme hardship.

The only thing that will work is to incorporate your business and then have allincome payments made to the corporation (business to business). Thecorporation would then have a Tax ID, and your SS# wouldn't figure in thepicture, basically cutting CSEA out of the loop. This would give you absolutecontrol over your own income.


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FIGHTING OUT-OF-STATE SUPPORTORDERS

The issue of child support cannot be decided if the issue of custody is raised.

Custody must be determined first. Consider filing for custody if your ex isneglecting your children financially.

If your ex is going to cause you to incur attorney fees, you might as well resolveall of your visitation and custody problems at the same court hearings andforce her to pay for her attorney. Always file a counter-petition in response toany petition she files. The best defense is a good offense.

Most out-of-state orders can be negotiated with your local States Attorney to avery low payment on nay arrearage. These local assistant States Attorneys orprosecutors are covered up with child support collection cases and will readily

agree to low payments just to clear a case off the books. I have seen $30,000in arrearages set up for repayment at $20 per month, after the father insistedthat the full discovery process be completed before the hearing. Insist on yourfull legal rights to contest custody and support. The Federal Governmentencourages states to go after fathers by publishing collections hints. It is ofnote that nowhere does the government give advice on enforcing visitationdespite statistics proving that when visitation is given, support is usually paid.


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HANDLING ARREARS AND BACK CHILDSUPPORT OWED

There are two options for settling back child support owed arrears to a loweredamount.

1. Paying back support is best handled by making arrangements outside ofcourt. The court is unconcerned with how back support owed is settledas long as both parties agree. Try to make a deal with the other parentfor re-payment. These offers for settlement could be for a lesseramount than are owed. As long as the parent who is receiving support isnot on welfare they can accept any amount they want. This applieseven if they have requested the District Attorney to enforce the order.If an agreement is reached it must then be written into an order to the

court. Then have the agreement entered into court as an agreed orderand you can file this motion and the court and child support office willupdate their records to show the new balance for the arrears to theamount that was agreed to.

2. You can also apply for the states compromise of arrears program. Thisis a way of making a settlement offer to the state to reduce the totalamount owed for back child support. This program can eliminateinterest and penalties for back child support owed. To apply for this youmust show that you were unable to make the child support payments

and it is causing you undue financial hardship.

Here is some of the basis for request for settlement of child support arrearage:The obligor is requesting the expungement of state-owed child support arrearsthat accrued during the period from ___________ to ____________because he/she was unable to work and had no income due to:

_______ incarcerated_______ physically or mentally disabled_______ change in custody to obligor

_______ reunited and living with mother and children_______ other extreme hardship resulting in significant reduction in income

The next page is the form you will use to file a motion for settlement of child supportarrears.


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PLAINTIFFS NAME ) IN THEPlaintiff )

) CIRCUIT COURT FORv. )

) _______________ COUNTYDEFENDANTS NAME )

Defendant ) Court Case No.:______________________

) Child Support CaseNo.:________________

)

STIPULATION OF SETTLEMENT/COMPROMISE OFSTATE-OWED ARREARAGE

The Defendant, on his/her own behalf, and the state of Arkansas, represented bythe attorney for the ___________ County Office of Child Support Enforcement, herebystipulate to the following:

1. That during the period from ____________ to _____________, the obligorfailed to pay all or part of his court-ordered child support obligation,thereby accruing a child support arrearage owed to the state of Arkansas inthe amount of $_____________.

2. That the obligors failure to pay child support during the above period wasdue to

____________________________________________________________________________________________________________________________________.

3. That the obligor has agreed as follows:__________________________________________________________________

____________________________________________________________________________________________________________________________________

In consideration of the above, in consideration of the obligors payment of the sumof $_______, which payment was made on ________________; the parties herebyagree as follows:

1. The Defendants child support arrears owed to the state of Arkansas that wereincurred during the period from _________ to _________ in the amount of$____________ shall be expunged;

2. The obligors child support arrearage shall be adjusted to reflect a totalarrearage owed as of ____________ (date) to the state of Arkansas in the

amount of $__________, and owed to the Plaintiff in the amount of$_____________; and

3. Any arrears owed directly to the Plaintiff shall remain the responsibility of theDefendant.

___________________________________ __________________________________________________, Defendant Date

Address/Telephone #


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_________________________________ _____________________Support Enforcement Agent Date

______________ Office of ChildSupport EnforcementAddress/Telephone #

_______________________________Attorney____________________CountyOffice of Child Support EnforcementAddressTelephone #

CERTIFICATION OF CSEA

I hereby certify that I have determined it to be in the best interests of thestate of Alabama and of the child(ren) in this case that the Defendants childsupport arrearage be settled and expunged as specifically described in theabove Stipulation of Settlement.

____________________________________

Child Support Enforcement Administration


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DISCOVERY

If your ex is attempting to increase your child support, you have a right todetermine her financial condition through a process called discovery. To

litigate without discovery is almost illegal. Anyone claiming child support mustcomplete the time-consuming and expensive discovery process. Of course, itwould be unethical to insist on discovery simply to harass your opponent.

Discovery tactics:

A. Depositions1. In a deposition, the party is put under oath and asked questions to

determine what they are going to say in court. Depositions areexpensive and time-consuming. You must pay attorneys and a courtreporter. Often, the costs of depositions deter a party from

pursuing claims.2. If you are deposed, here are some helpful hints.

I) Pay attention to your physical appearance. It is important thatyou make a good impression on the opposing counsel and theopposing party. you should dress as if you were actually going tocourt. You should be clean and wear nice pants and a white button-down collared shirt.II) Treat all people in the deposition room with respect. Do not beafraid of lawyers.III) Never state anything as a fact that you do not know. There ishowever, a distinction between a guess and an honest estimate.

IIIV) Do not volunteer any facts not requested.V) Do not try to memorize your testimony.VI) Do not answer a question unless you have heard it and clearlyunderstand it. Ask for the question to be repeated to think aboutyour answer.VII) Answer all questions directly, giving concise answers to thequestions and stop talking.VIII) If your attorney begins to speak, stop whatever answer you maybe giving and allow him or her to make the statement.IX) Do not let the opposing attorney get you angry or excited.X) Never joke in a deposition, and after the deposition is over do

not chat with the opponent or her attorney.

B. InterrogatoriesInterrogatories are written questions submitted to a party thatmust be answered and returned. They are useful to keep theother party from changing their story or surprising you in court


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C. Requests to AdmitThese are sent to your ex to narrow the issues so you dont haveto prove everything in court, saving a lot of time and legal fees.

D. Requests to Produce

These force the other side to produce records you need in courtor records they intend to use against you.

UNWED FATHERS

Unwed fathers are often held liable for birth and maternity expenses andusually held liable for payment of child support as if you were married.

Some states, however have attempted to limit unwed fathers rights while stillrequiring them to pay child support. It is imperative that as soon as a child isborn, the father files a petition to determine paternity to establish futurefathers rights, even if you are currently living with the mother. Remember,there is no presumption that the mother will get custody if you chose to seekcustody.

WITHHOLDING ORDERS

If child support is awarded, most states now require an order of withholding besent to your employer. Your employer will send the child supportautomatically to the court clerk. If you are laid off and child support istemporarily interrupted, you must either pay the payments yourself orimmediately file a petition to modify (lower) child support. You will begranted your petition, often with the family portion of any unemploymentbenefits being designated as full child support. Of course, you must pay thatamount each month and keep detailed records and receipts.

If you dont get your child support lowered by the court, you can count on having topay all back payments up to date when you get back to work. An agreement betweenyou and your ex is meaningless. You must have a written and signed court orderlowering your support.


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WASTE OF CHILD SUPPORT MONEY

No one denies that a father has a duty to support his children. However,laws pushed onto timid legislators by militant feminist have created an

atmosphere of coercion requiring the father to pay child support withoutany requirement for the mother to account how the child support money isspent and without protecting the fathers visitation rights.

If the legislators continue to refuse to provide accountability for spending ofchild support money or to enforce visitation rights, there is no alternativeleft to fathers except to minimize or avoid (to the extent legally possible)payment of unreasonable child support.

By keeping the ordered child support paid to ex spouse to a minimum, thepaying spouse can make direct purchases of food, clothing and services for

his children and for children alone. This is the only way fathers currentlycan be sure their money is being spent on their children.Drug abuse is a growing phenomenon among single parents. Increasingamounts of child support money are being spent on drugs while children gohungry. This problem will only worsen until legislators step in to protectthe children from wasting of child support.

Often, child support money pays payments on an extravagant house or cars,yet the children own no equity in the property purchased with child supportmoney. This must be changed! If child support is paying for property, thechildrens names should be on the deed to the house or title to the car.

Child support money is often used to pay lawyers for litigation to reduce thefathers visitation or involvement with his child. The childs money is beingspent to adversely affect the childs best interests, which usually defined tobe the maximum involvement of both parents in the childs life. Judgesshould be ever alert for this abuse and waste of childrens assets.

The solution to these problems is legal consistency. Current law states thatwhen a guardian for a mentally incompetent person is appointed, thatguardian must file a yearly report with the court detailing how every dimeis spent and extraordinary expenses must be approved before the money is

spent. The money is held in trust for the disabled person. Child supportshould also be considered held in trust for use only to benefit the children,not the ex spouse, and a regular accounting to a court of money spent is areasonable method of protecting childrens welfare.

Since it is unlikely that legislators will have the guts to stand up to theorganized militant feminists, it is incumbent on the person paying supportto minimize the money he must pay directly to the ex.


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CONCLUSION

The foregoing ideas will enable you to fight unreasonable demands by litigatingthe support question to the same extent as any other issues litigated in court.

You are entitled to fully use the legal system and all of its procedures andprotections.

Your ex is using the system against you. You are entitled to use the systemsafeguards and due process safeguards to oppose her in any ethical waypossible.

By fighting awards in unreasonable child support, often given without any

accounting protection to make sure the money is spent on the children, afather in this way can ensure that at least some of his money is spent directlyon his childrens best interests.

To prevail however, you will probably need competent, aggressive legalcounsel. If your ex has an attorney and you dont you will almost certainly fail.However, just making litigation an unpleasant and expensive battle mayprevent the ex coming back the next time for more money.

SAVE YOURSELF SOME MONEY!!!


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lowering child support manual arkansas edition

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