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.
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, 2023View 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, 2023View 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, 2023View 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 |
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