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Howerton Law Areas of Practice / Arkansas Criminal Law / Arkansas Nonsupport

Nonsupport in Arkansas

Howerton Law Firm Nonsupport Attorneys
Arkansas Nonsupport Attorneys at the Howerton Law Firm handle all Arkansas nonsupport matters for the Arkansas general practice law firm Howerton Law Firm. Use the Request a Free Consultation form on the left of the page to schedule your free initial consultation with nonsupport lawyer Wendy Howerton or simply call the Howerton Law Firm at 479-587-9300.

Arkansas criminal code
The Arkansas criminal code within the following subcategories for Arkansas criminal law on this Website was taken from the Criminal Code of 1987 and updates from the Arkansas General Assembly Website. We make no promises, guarantees, warrantees, or other assurances about its authenticity or accuracy. The following disclaimer was taken from the online code general provisions:

Not Official: The code that is provided on this site is an unofficial posting of the Arkansas Code. The files making up this Internet version of the Arkansas Code do not constitute the official text of the Arkansas Code and are intended for informational purposes only. The printed version of the Arkansas Code should be consulted for all matters requiring reliance on the statutory text. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available on the Arkansas General Assembly's web site, the Arkansas General Assembly is not responsible for any errors or omissions which may occur in these files. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff members of the Arkansas Code Revision Commission to investigate the irregularities.

Service: The Arkansas General Assembly offers access to the Arkansas Code on the internet as a service to the public. The Webmaster is unable to assist users of this service with legal questions. Also, legislative staff cannot respond requests for legal advice or the application of the law to specific facts from anyone except members of the Arkansas Legislature. Therefore, to understand and protect your legal rights, you should consult your own private lawyer. Please refer legal questions elsewhere.

Arkansas Criminal Code for nonsupport in Arkansas
5-26-401. Nonsupport.
(a) A person commits the offense of nonsupport if he or she fails to provide support to the
(1) Spouse who is physically or mentally infirm or financially dependent;
(2) Legitimate child who is less than eighteen (18) years of age;
(3) Illegitimate child who is less than eighteen (18) years of age and whose parentage
has been determined in a previous judicial proceeding; or
(4) Dependent child who is physically or mentally infirm.
(b) (1) Nonsupport is a Class A misdemeanor.
(2) However, nonsupport is a:
(A) Class D felony if the person:
(i) Leaves or remains outside the State of Arkansas for more than thirty
(30) days while a current duty of support is unpaid. However, it is an affirmative defense to a
charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the
state with the purpose of avoiding the payment of support;
(ii) Has previously been convicted of nonsupport; or
(iii) Owes more than two thousand five hundred dollars ($2,500) in
past-due child support, pursuant to a court order or by operation of law, and the amount
represents at least four (4) months of past-due child support;
(B) Class C felony if the person owes more than ten thousand dollars ($10,000)
but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a
court order or by operation of law; or
(C) Class B felony if the person owes more than twenty-five thousand dollars
($25,000) in past-due child support, pursuant to a court order or by operation of law.
(c) The court may direct that a fine imposed upon conviction of nonsupport or a bond
forfeited in connection with a prosecution for nonsupport be paid for the support and
maintenance of the person entitled to support.
(d) A district court located in a county having a population in excess of two hundred
thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a
spouse or any person who is responsible for maintenance of a dependent child that states that
nonsupport has taken place.
(e) Any person found guilty of nonsupport is also responsible for the court costs and
administrative costs incurred by the court.
(f) The state may take judgment against any defendant convicted of nonsupport for any
money expended by any state agency for the support and maintenance of the person with respect
to whom the defendant had a duty to support.
(g) It is an affirmative defense to a prosecution under this section that the defendant had just
cause to fail to provide the support.
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