(2) Within sixty (60) days of executing the voluntary acknowledgment of paternity, whichever date occurs first. Arkansas Code. 10, SubCh. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. (1) Beginning October 1, 1989, in all cases brought pursuant to Title IV-D, the support orders issued or modified shall include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. Paternity is the status of being a father. Title 9, SubTitle 2, Ch. (A) The Office of Child Support Enforcement shall initially pay the costs of administrative paternity testing, but those costs shall be assessed against the putative father if paternity is established or against the applicant for services if the putative father is excluded as the biological father. Opinion delivered November 20, 1995 *462Karen Walker-Knight, for appellant. 1, §9-10-116. 1, §9-10-111. Libraries, Archives, and Cultural Resources, Title 15. 1, §9-10-118. (e) The Administrator of the Office of Child Support Enforcement and the hospital, birthing center, certified nurse practitioner, or licensed midwife delivering the child shall enter into cooperative agreements to compensate at a rate not to exceed twenty dollars ($20.00) for each acknowledgment of paternity forwarded by the hospital, birthing center, certified nurse practitioner, or licensed midwife to the Office of Child Support Enforcement. Each parent must sign in the presence of a notary public. (2) The bond shall be void if the person or his executors or administrators indemnify each county in this state from all costs and expenses for the maintenance or otherwise of the child while under the age of eighteen (18) years, and for the payment of the monthly payments that may be adjudged as aforesaid. The process is available to parents if the mother was not married at the time of birth or if the biological father is … Title 9, SubTitle 2, Ch. The appellant, Office of Child Support Enforcement (“Office”), appeals from a chancellor’s order dismissing its paternity complaint against appellee Mark Harnage. (a) An action to establish the paternity of a child or children shall be commenced and proceed under the Arkansas Rules of Civil Procedure applicable in circuit court and chancery court, and the juvenile division thereof, as amended from time to time by the Arkansas Supreme Court or the General Assembly. (i) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another chancery district within the state, one (1) or both of the parties may petition the court which entered the final adjudication to request that the case be transferred to another county. Establishing paternity means that a court has ruled as to who is a child’s biological father. 10, SubCh. General Provisions. (1) If the test administered under subdivision (e)(1)(A) of this section excludes the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity as the biological father of the child and the court so finds, the court shall set aside the previous finding or establishment of paternity and relieve him of any future obligation of support as of the date of the finding. Back in 1996 I signed a Voluntary Acknowledgment of Paternity. Paternity – General – Wyoming. The age of majority in Arkansas is 18 years of age or when the child should have graduated from high school. The Department of Health shall coordinate such services with the Arkansas Office of Child Support Enforcement. (d) Summons may be issued in any county of this state in which the defendant may be found. How is paternity established? The Arkansas Supreme Court held the plain and unambiguous reading of this statute precludes an adjudicated father from obtaining a paternity test once his child-support [[1067]]obligation terminates. Internet Explorer 11 is no longer supported. (c) In activating an order of income withholding which did not become effective immediately, the court shall follow the same procedures and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the chancery court. (b) Actions brought in the State of Arkansas to establish paternity may be brought at any time. Paternity. Trial by court or chancellor. (2) Such bills or invoices shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child. Today, things have changed. Until all necessary data processing equipment has been acquired, at least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter. (8) The costs of the scientific testing for paternity and witness fees shall be taxed by the court as other costs in the case. A father must sue to establish paternity before he has any rights in the eyes of the State of Arkansas. Title 9, SubTitle 2, Ch. The Arkansas paternity statute provides: 4) The [DNA] tests shall be made by a duly qualified expert or experts to be appointed by the court. All fees collected under this subsection shall be paid into the county treasury to the credit of the fund to be known as the “Support Collection Costs Fund”. Title 9, SubTitle 2, Ch. 1, §9-10-103. (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of these specimens. (c) If the person refuses or neglects to enter into bond with security as above provided, the chancellor shall commit him to the jail of the county, there to remain until he complies with the order or until he is otherwise discharged according to law. 1, §9-10-119. Chapter 10. (adsbygoogle = window.adsbygoogle || []).push({}); Need a Personal Loan? (B) If an acknowledgment of paternity was the basis for the order of support, the motion must comply with the requirements of subsection (d) of this section. (5) All moneys collected by the clerk as a fee as provided in this subsection shall be used by the clerk’s office to offset administrative costs as a result of this subchapter. 10, SubCh. Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of Iowa, but does include basic and other provisions. (1) Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under § 9-10-115, and shall be recognized by the chancery courts and juvenile divisions thereof as creating a parent and child relationship between father and child. Family Law. (B) The fee shall be collected from the noncustodial parent or obligated spouse at the time of the first support payment and during the anniversary month of the entry of the order each year thereafter, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor and the support obligation is extinguished and any arrears are completely satisfied. Many states have a statute of limitations attached to paternity actions. Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of Wyoming, but does include basic and other provisions. Paternity fraud is very common in the United States and around the world. Title 9, SubTitle 2, Ch. (5) Any party who objects to the results of such paternity testing may request additional testing upon proper notice and advance payment for retesting, and the Office of Child Support Enforcement shall assist the contestant in obtaining such additional testing as may be requested. Arkansas Paternity Lawyers: The Basics. However, the court will set aside the child's consent if it is determined that the adoption is in the child's best interest. 10, SubCh. Arkansas: The custody statute requires that court grant custody "without regard to the sex of the parent but solely in accordance with the welfare and best interest of the children." (c) Venue of paternity actions shall be in the county in which the plaintiff resides or, in cases involving a juvenile, in the county in which the juvenile resides. (Ark. Judgment for lying-in expenses – Commitment on failure to pay. (2) The court’s granting of a default paternity judgement shall be based on the presumed mother’s affidavit of facts in which the presumed mother names the defendant as the father of her child and states the defendant’s access during the probable period of conception. (2) In all cases brought pursuant to Title IV-D of the federal Social Security Act, upon sworn statement of the mother, putative father, or the Office of Child Support Enforcement alleging paternity, the Office of Child Support Enforcement shall issue an administrative order for paternity testing which requires the mother, putative father, and minor child to submit themselves for paternity testing. (3) Bonds shall be approved by the chancellor and an entry made on the record of the conditions and the securities thereon. Petitions for paternity establishment may be filed by: (3) A person for whom paternity is not presumed or established by court order; or. This is true in cases where the parents are married and also where they are unmarried and are in need of establishing paternity (who the legal and biological father is in a court of law). According to the Laws of Arkansas and paternity statute 9-10-108, when a child is born to married parents, there is an automatic legal relationship between the child and the husband of the mother; and the father’s name will appear on the birth certificate. A man who's legally established to be a child's father is … However, the child can attempt to establish paternity until he or she is 21. 10, SubCh. Title 9, SubTitle 2, Ch. There is no statute of limitations in Arkansas regarding establishment of paternity. 5. [Repealed.] (a) If the child is not born when the accused appears before the chancery court or chancellor, the court may hear evidence and may make temporary orders and findings pending the birth of the child. Any action brought prior to August 1, 1985, but dismissed because of a statute of limitations in effect prior to that date, may be brought for any person for whom paternity has not yet been established. Here you will find a collection of state laws passed by the Arkansas Legislature and organized by subject area into Titles, Chapters and Sections. Cancel. Domestic Relations. Paternity fraud occurs when a woman names a person as the biological parent on a birth certificate or in legal proceedings, even though she knows he may not be the biological father. (c) The court may award custody to the biological father upon a showing that: (1) He is a fit parent to raise the child; (2) He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and. (3) An affidavit shall accompany the motion to transfer and recite that the parent or parents, the physical custodian, and the Office of Child Support Enforcement, as appropriate, have been notified in writing that a request has been made to transfer the case to another chancery district. Paternity may be established if each parent signed an Acknowledgment of Paternity at the hospital or any time after that. Income withholding – Delinquent noncustodial parent. I always had a doubt. Under Arkansas family law statute (A.C.A. Moneys deposited in this fund shall be appropriated and expended for the uses designated in this subdivision (b)(5) by the quorum court at the direction of the clerk of the court. 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