Child Support 101: Requesting Income Information
Did you know that you are entitled to request (or required to provide) income information up to once per year for purposes of child support? Well, you are! Let me tell you all about it.
There is a statutory right to income information that is found in Arkansas Code § 9-14-107. It says:
A change in the gross income of the payor or payee parent in an amount equal to or more than twenty percent (20%) shall constitute a material change of circumstances sufficient to petition the court for modification of child support .
Any time a court orders child support, the court shall order each parent to provide proof of income for the previous calendar year to the other parent or the physical custodian of the minor child.
The court shall also order each parent to provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent or physical custodian of the minor child, but not more than one (1) time a year; and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, when applicable.
Whenever a parent or the physical custodian of the minor child requests proof of income in writing, the parent receiving the request shall respond by certified mail within fifteen (15) days.
If the parent receiving the request fails to provide proof of income as directed by the court or fails to respond to a written request for proof of income, the parent receiving the request may be subject to contempt of court.
All income information received by a parent or the physical custodian of the minor child shall be treated confidentially and used for child support purposes only.
What does this mean for you? If you are receiving child support, then it means that you should put a reminder on your calendar every year to request this information.
If you are paying child support, then it means that you must respond to such a request within 15 days. If you’re not sure whether you should provide something, then err on the side of disclosure.
What should I request (or provide)? You should request (or provide) proof of income from all sources for the past one calendar year, including, but not limited to, a copy of the previous year’s tax return (or any and all W-2s or 1099s if taxes have not been filed), a copy of all paystubs from the current year, and proof of any bonuses or commissions received the past one year.
How do I send it? Your local post office will help you send it by certified mail, to the addressee only, with a return receipt requested. This way, only the person that it is addressed to can sign for it, and you will receive proof back in the mail. You check the status of your package online with the tracking number. It typically costs about $12.
If certified mail arrives for you from the other parent, then be sure to sign for it. If you miss it, then go to the post office and retrieve it.
What if they don’t sign for it, or don’t answer within 15 days? Then call me and we will have a consultation to discuss your options.
Good luck!