My son’s mother has full custody of him. He’s 12 years old, and I’ve been paying court-ordered child support irregularly since he was born. They moved to another state a few years ago, where that state handled my payments through my employer. But when they moved back home, that arrangement ended, and no new order was made.
Now, two years later, I received a letter from Arkansas Child Support Enforcement saying they’ve opened a support case. I haven’t received more details yet, even though it’s been almost two months. When I asked his mother about it, she said our son is staying with her mother while she looks for housing assistance in Oregon.
My question is, can Arkansas enforce child support when the custodial parent and child are in a different state? Also, I’ve been working 60 hours a week just to get by, so I haven’t been able to spend much time with my son. Is it a violation of our court order for her to leave him in another state without telling me? And since the previous support order was canceled, will I owe back payments for that period?
In cases where grandparents have custody, the parents remain responsible for child support. Arkansas can enforce support even if the child and custodial parent are in another state. It’s wise to seek legal advice to clarify your obligations and rights, especially regarding visitation and any past support payments.
Yes, Arkansas Can Enforce: The Uniform Interstate Family Support Act (UIFSA) allows states to enforce child support orders from other states. Arkansas can use this law to collect past-due child support and establish a new order if necessary.
Back Payments:
Likely Owed: Since you haven’t been making payments as per the original court order, you’ll likely owe back payments for the period when no new order was in place. The Arkansas Child Support Enforcement office will determine the exact amount based on your income and state guidelines.
Visitation and Communication:
Review Your Original Order: Check your original custody agreement for provisions regarding communication and geographical restrictions on relocation. Verify if your son’s mother violated any terms concerning informing you about his whereabouts. Consult a Lawyer: A family law attorney can review your case and advise you on your rights and obligations regarding visitation and communication with your son.
Next Steps:
Contact the Arkansas Child Support Enforcement Office: They can provide details on the case, including the back payment amount and the process for establishing a new child support order. Consider Legal Representation: A lawyer can help you understand your rights and obligations regarding child support, back payments, and potential visitation concerns related to your son’s current location. Communication with Son’s Mother: Despite the strained relationship, try to establish open communication with your son’s mother. Express your desire to maintain a relationship with your son and inquire about how you can stay involved in his life.
Additional Considerations:
Financial Difficulty: If you’re struggling financially, you might be eligible for modifications to the child support amount. The Arkansas Child Support Enforcement office can guide you through the modification process. Visitation: Depending on the distance and your work schedule, maintaining regular in-person visits might be challenging. Explore alternative options like video calls or extended visits during holidays or breaks when possible.
I can assure you that states have agreements in place to enforce child support across state lines through reciprocity laws. Even though your son and his mother are in Oregon now, Arkansas can still enforce the child support order. As for your visitation rights and the custodial arrangement, it’s crucial to review your court order with a lawyer. Leaving your son in another state without notification might indeed be a violation, depending on your custody agreement. Regarding back payments, it’s possible you may owe them for the period after the previous support order was canceled. It’s best to seek legal advice to navigate these issues properly.