Who gets the kids in a divorce in Arkansas?

The judge will try to keep the children together with one parent instead of splitting them up. However, the judge may separate the children if it is in their best interests. The judge may allow the children visitation rights for one another.

Is Arkansas a mom state?

In Arkansas, aren’t mothers automatically given custody of the children? That is not the case at all. Although the laws regarding unmarried parents seem to favor the mother in custody disputes, (before the father has established paternity and that he is a fit parent), married parents stand on equal ground.

Does it matter who files for divorce first in Arkansas?

No, it doesn’t matter who files for divorce first in Arkansas. Both parties will have the opportunity to deny claims and state their own requests. The spouse who files for divorce will have to state a “ground”, or a reason, for the divorce.

Who gets the house in a divorce in Arkansas?

In Arkansas, all marital property is distributed one-half (1/2) to each party unless the Court finds such a division to be inequitable.

How much is child support in Arkansas?

The court orders a flat percentage of 25% of the non-custodial parent’s income to be paid in child support to the custodial parent.

What rights does a father have in Arkansas?

Father’s Rights in Arkansas. Any parent of a child has a right to seek Arkansas custody and/or visitation, and this right is the same for both the child’s father and mother. All parents, regardless of gender, have the right to a relationship with their child, and this right is enforced by state laws.

Is child support mandatory in Arkansas?

Parents have a financial obligation to support their children, and under Arkansas law when there is a divorce, legal separation, or if the parents were never married, this is accomplished through a child support order.

Do you have to pay child support if you have joint custody in Arkansas?

In Arkansas, the child support formula is the same for sole and joint physical custody. Unlike many other states, Arkansas gives no automatic parenting time credit that can reduce your child support amount.

How does a father get full custody in Arkansas?

Arkansas child custody laws in the case of unmarried parents If this is the case, the court will typically award custody to the biological father if he can display to the court he is able to care for the child, both physically and financially, and if it is in the child’s best interest that he be awarded custody.

Is Arkansas an alimony state?

In Arkansas, when one spouse pays financial assistance to help the other spouse, that assistance is called “alimony.” (Alimony is sometimes referred to as “spousal support” or “maintenance”.) Arkansas judges have wide discretion in deciding whether to award alimony, as well as the amount and duration.

How long does the divorce process take in Arkansas?

From the date you file the divorce complaint, there’s a mandatory 30-day waiting period before an Arkansas judge may grant your final divorce. This applies even if you’ve filed for an uncontested divorce. Typically, it will take longer than 30 days to finalize your divorce.

How long does it take to get a divorce in the state of Arkansas?

Legally, a divorce is required to take at least a month. The law requires that 30 days pass between the day of filing and the entry of the divorce decree. If everyone is agreeable, then we can get a divorce completed, realistically, within about 45-60 days.

What determines alimony in Arkansas?

Arkansas law sets out a general base amount of 20% of the spouse’s income, but there are many factors that can be considered in setting alimony. Alimony is generally based on the spouse’s income, daily financial needs, health needs, and standard of life they had during the marriage.

How does 50/50 custody work in Arkansas?

Joint custody has not historically been favored in Arkansas, but it has grown in popularity in recent years. Joint custody is a true 50-50 custody agreement in which the child spends half of his or her time with each parent.

How much is alimony in Arkansas?

Alimony Awards Based on Independent Analysis The Arkansas Supreme Court has used the figure of 20% of a spouse’s net (i.e. after-tax take home) pay as a suitable award in cases involving temporary alimony for a dependent spouse with custodial parenting status.

What is the age a child can choose which parent to live with in Arkansas?

In Arkansas, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child’s age.

What should fathers pay for child support?

On the basic rate, if you’re paying for: one child, you’ll pay 12% of your gross weekly income. two children, you’ll pay 16% of your gross weekly income. three or more children, you’ll pay 19% of your gross weekly income.

Is Arkansas a mother’s rights state?

In Arkansas, when a child is born to an unwed woman, the mother is automatically granted sole physical and legal custody. An unmarried father has no automatic rights, even if he and the mother live together or are in a committed relationship.

Can a mother keep a child away from the father in Arkansas?

If you are married and there is no custody order, both parents have equal custody rights until a court order awards custody to one of the parents. If the parents have never been married and there is no custody order, the mother of the child has legal custody by law.

Do fathers have as much rights as mothers?

The court will usually take the child’s right to a relationship with both parents seriously as long as this is in the best interests and welfare of the child. A fathers rights over child are therefore just as much as the mother in the eyes of the law.

Who pays child support in joint custody Arkansas?

If you have a joint custody agreement (the child(ren) stays with each parent at least 40% of the time), the parent who makes the most money is the paying parent or it may be considered equitable time and neither parent pays child support.

What is the new child support law in Arkansas?

The new order provides “each parent’s share is that parent’s prorated share of the two parents’ combined income.” Alimony is now deducted in the calculation. The pro-rata charted amount establishes the base level of child support” the payor parent must pay the payee parent. Revised Administrative Order No.

How does joint custody work in Arkansas?

When parents have joint custody, they share equal time with the child. They must follow a visitation schedule that allows as close to equal time as is possible in their situation. Typically, this means alternating weeks with the child.

What is Arkansas child support based on?

To calculate child support in Arkansas, judges consider the parents’ incomes and the number of children to be supported, and use the state’s guidelines to reach a final amount. Both parents, whether married to one another or not, have a continuing duty to financially support their children.

How can a father stop his rights in Arkansas?

(g) (1) (A) A parent may withdraw consent to termination of parental rights within ten (10) calendar days after it was signed by filing an affidavit with the circuit clerk in the county designated by the consent as the county in which the termination of parental rights will be filed.

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