Arkansas Divorce With Children — Custody and Child Support (2026)

When minor children are involved, Arkansas courts focus on the best interest of the child. Your Property Settlement Agreement must address custody, visitation, and child support.

Arkansas Custody Framework

Legal Custody

Authority to make major decisions about education, healthcare, religious upbringing, and extracurricular activities.

• Joint legal custody: Both parents share decisions — common in Arkansas when parents can cooperate
• Sole legal custody: One parent makes decisions — appropriate when the other is absent or cooperation is impossible

Physical Custody (Domicile)

Where the child primarily lives.

• Primary physical custody: Child primarily lives with one parent; other has scheduled visitation
• Joint physical custody: Child spends substantial time with each parent (may be close to 50/50)
• Shared custody: Can reduce the paying parent's support obligation

Best Interest of the Child Standard

Arkansas courts consider the totality of circumstances, including:

1. The wishes of the child (weight given based on age and maturity)
2. The wishes of the parents
3. Child's relationship with each parent
4. Child's adjustment to home, school, and community
5. Each parent's ability to provide for the child's physical and emotional needs
6. Each parent's mental and physical health
7. Domestic violence history — significant negative factor
8. Willingness of each parent to support the child's relationship with the other parent
9. Employment schedules and geographic proximity of the parents

Parenting Plan

Arkansas courts expect a Parenting Plan addressing:

• Legal custody designation
• Physical custody and primary domicile
• Parenting time schedule (school year, summer, alternating weekends)
• Holiday schedule (named holidays, specific times)
• Transportation and exchange protocols
• Telephone and digital contact
• Relocation procedure (typically requires advance notice and court approval)
• Healthcare decision-making process
• Dispute resolution method

Arkansas Child Support — Chart-Based System

Arkansas uses a chart-based child support system under Administrative Order No. 10 — not the income shares worksheet used by most states.

How It Works

1. Determine the payor parent's net income per week or per month
2. Consult the Arkansas Child Support Guidelines chart (available at arcourts.gov → Administrative Order No. 10)
3. The chart provides a specific dollar amount based on net income and number of children
4. The chart amount is the presumptive support obligation

What Counts as Income

Gross income minus: federal/state taxes, Social Security/Medicare, health insurance premiums, retirement contributions (required, not voluntary).

Deviations from the Chart

Courts may deviate when:

• Extraordinary medical or educational expenses exist
• The child has special needs
• The payor has other court-ordered support obligations
• Shared custody arrangement significantly reduces the primary parent's childcare costs

Child Care and Healthcare Allocation

In addition to the chart amount:

• Work-related child care costs are often split between parents
• Health insurance premiums may be divided; uninsured medical costs typically split

Duration

Child support ends when the child turns 18 (or upon graduation from high school if still enrolled, up to age 19 — verify current Arkansas statute).

Income Withholding Order

Arkansas courts enter an Income Withholding Order in nearly all cases with child support. This directs the payor's employer to deduct support from the paycheck and remit to the Arkansas Office of Child Support Enforcement (OCSE).

Pay through OCSE to maintain a payment record — direct payments without documentation are risky.

Last reviewed: March 2026 | Best interest standard | Parenting Plan required | Chart-based child support (Administrative Order No. 10) | arcourts.gov for chart | Support ends at 18 or HS graduation (max 19) | Income Withholding Order

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.