Referrals for criminal prosecution

  1. Law
  2. Arkansas Code
  3. Family Law
  4. Domestic Relations
  5. Spousal and Child Support
  6. Enforcement Generally
  7. Referrals for criminal prosecution

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  1. (a) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall refer to the prosecuting attorney of the appropriate judicial district for prosecution under § 5-26-401 and any other applicable criminal statute, all cases in which:

    1. (1) The office has had enforcement responsibility for at least twelve (12) consecutive months;

    2. (2) More than ten thousand dollars ($10,000) in child support is owed and remains unpaid; and

    3. (3) Regular child support payments are not being received.

  2. (b) A referral under subsection (a) of this section shall contain the following information:

    1. (1) An affidavit signed by the custodian of the child receiving court-ordered child support payments stating:

      1. (A) Whether or not anything of value has been received from the person obligated to make the child support payments in lieu of child support payments;

      2. (B) Any known income sources of the person obligated to make the child support payments; and

      3. (C) A request that the criminal offense of nonsupport be prosecuted;

    2. (2) An affidavit from the office detailing the:

      1. (A) Date the child support arrearage began to accrue;

      2. (B) Name of each recipient and the amount of unpaid child support owed to each recipient; and

      3. (C) Last known address of the person obligated to make the child support payments;

    3. (3) A certified copy of the court order and any modifications of the court order mandating payment of child support;

    4. (4) A certified copy of the payment history of the person obligated to make the child support payments; and

    5. (5) A list of possible witnesses and known contact information.

  3. (c) Within thirty (30) days of receiving a referral under this section, the prosecuting attorney will send the office a:

    1. (1) Copy of the criminal information or arrest warrant if a decision to file charges has been made; or

    2. (2) Notice of any deficiencies in the referral.

  4. (d) Nothing in this section limits the ability of the office with respect to a case over which it has enforcement responsibility to:

    1. (1) Refer the case for criminal prosecution if the elements of the crime of nonsupport under § 5-26-401 appear to be present; or

    2. (2) Continue to pursue all available civil remedies in connection with the case.


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