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SB311

To Amend The Limitations Period For When A Petition For An Initial Order Of Child Support May Be Sought And The Period Of Time For Which Retroactive Child Support May Be Awarded.

Passed

Last Action (April 11, 2023): Notification that SB311 is now Act 623

Sponsors

AI-Generated Summary

Senate Bill 311 amends Arkansas law regarding child support, specifically focusing on the limitations periods for initial orders and the scope of retroactive support. The bill establishes that retroactive child support for an initial order is generally limited to three years prior to the filing of a petition, or from the birth of the child if they are under three years old. It introduces a specific exception for cases where a payor parent was not served with the initial pleading and was not intentionally evading service, setting the effective date to no earlier than three years before the date of service. The bill clarifies procedures for filing petitions for support and updates references to the Office of Child Support Enforcement's service criteria. It also retains provisions excluding incarceration from being classified as voluntary unemployment for support calculations and outlines processes for child support abatement during extended visitation. These changes aim to standardize the timeline for retroactivity while providing protections for parents who were not properly served with initial legal documents.

Potential Impact Analysis

Who Might Benefit?

Children entitled to support and the custodial parents or agencies seeking support on their behalf would benefit from the clarified and standardized rules for obtaining initial and retroactive child support. Additionally, non-custodial parents who are not served with a petition due to clerical or procedural issues, rather than intentional evasion, benefit from the protection preventing retroactive support orders from dating back further than three years from the actual date of service.

Who Might Suffer?

Custodial parents or agencies may be negatively impacted in specific scenarios where a non-custodial parent was not served with a petition for a period exceeding three years due to administrative delays or issues, as the bill limits the court's ability to award retroactive support beyond the three-year window from the date of service, provided the court finds there was no intentional evasion of service.

Vote Records

Third Reading

April 7, 2023
Yea: 33 Nay: 0 NV: 0 Absent: 2 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate Yea
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Absent
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Absent
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea

Third Reading

April 5, 2023
Yea: 53 Nay: 27 NV: 20 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House NV
Lane Jean Republican House NV
Stephen Meeks Republican House Yea
Mark Perry Democrat House Nay
Jon Eubanks Republican House NV
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Nay
Bruce Cozart Republican House Yea
David Whitaker Democrat House Nay
Deborah Ferguson Democrat House Nay
Charlene Fite Republican House Nay
Mike Holcomb Republican House NV
Stephen Magie Democrat House Nay
Mark McElroy Republican House Yea
Josh Miller Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Nay
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House NV
Justin Gonzales Republican House NV
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House NV
Ron Mcnair Republican House Yea
Milton Nicks Democrat House NV
Marcus Richmond Republican House NV
Vivian Flowers Democrat House NV
Deann Vaught Republican House Nay
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Nay
Jack Fortner Republican House NV
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Nay
Les Warren Republican House NV
Danny Watson Republican House Nay
Carlton Wing Republican House NV
Austin Mccollum Republican House Yea
Carol Dalby Republican House Nay
Steve Hollowell Republican House Yea
Brian Evans Republican House NV
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Nay
Cindy Crawford Republican House Yea
Denise Garner Democrat House Nay
Tippi McCullough Democrat House Nay
Jay Richardson Democrat House NV
Jamie Scott Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Nay
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House NV
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House NV
Ashley Hudson Democrat House Nay
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House NV
DeAnna Hodges Republican House Yea
Hope Duke Republican House Nay
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Nay
Matt Duffield Republican House Yea
Stetson Painter Republican House Nay
Steve Unger Republican House Yea
Wayne Long Republican House NV
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Nay
Matt Brown Republican House Yea
Shad Pearce Republican House Nay
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Nay
Trey Steimel Republican House Yea
Tara Shephard Democrat House Nay
Jeremy Wooldridge Republican House Nay
Kendra Moore Republican House Nay
Brit McKenzie Republican House Yea
Steven Walker Republican House Nay

Third Reading

March 13, 2023
Yea: 31 Nay: 1 NV: 3 Absent: 0 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate NV
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate NV
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Nay
Frederick Love Democrat Senate NV
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us