How SB 562 changes current law

TO AMEND THE LAW CONCERNING INCARCERATION OF A PARENT WHO WAS ORDERED TO PAY CHILD SUPPORT. · Arkansas

How this bill changes current law

2 changes

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The bill modifies the provisions related to the incarceration of parents who fail to pay child support.

  • Arkansas Code § 9-14-233(e)

    If the obligated parent who is not incapacitated willfully refuses to pay past due support, or willfully refuses to engage in work activities, or willfully refuses to seek work activities as ordered by the court, the court may order the obligated parent to be incarcerated. → If the obligated parent who is not incapacitated willfully refuses to pay past due support or willfully refuses to engage in work activities as ordered by the court, the court may order the obligated parent to be incarcerated.

    The change removes the requirement to seek work activities from the criteria for incarceration.

  • Arkansas Code § 9-14-233(f)

    In any action brought for the enforcement of a child support obligation, whenever the court orders an obligated parent to be incarcerated for willful failure to obey a previous order, the court may further direct that the obligated parent be temporarily released from confinement to engage in work activity upon such terms and conditions as the court deems just. → In any action brought for the enforcement of a child support obligation, whenever the court orders an obligated parent to be incarcerated for willful failure to pay past due support or willful refusal to engage in work activities as ordered by the court, the court may further direct that the obligated parent be temporarily released from confinement to engage in work activity upon such terms and conditions as the court deems just.

    The change clarifies the reasons for which a parent may be incarcerated before allowing temporary release for work activities.

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