Child Support

Child Support

If you need a family law attorney to protect your rights in a child support dispute, contact the Attorneys. Our attorneys handle child support matters in a wide range of family law matters, including:

  • Divorce
  • Paternity
  • Child support modifications

To speak with a Little Rock child support attorney, call today. With more than 80 years of combined legal experience, our attorneys can ensure that you receive the sound advice and vigorous representation you require.

Child Support Laws

Child support in Arkansas is determined by a mathematical formula contained in the Arkansas child support guidelines. The guidelines take into account the income of both parents.

An experienced divorce and family law attorney at our firm can review your case and perform a guideline support calculation on your behalf to determine the amount of support you should be paying or receiving. While deviations from child support guidelines are uncommon, we can also review the facts of your case to determine if there are unique factors that may warrant a deviation from guideline support.

Child Support Modifications

To modify an existing child support order, you must prove a substantial change of circumstances. This may be proven in a number of ways, including a substantial change in the income of either party.

If you feel you are paying too much support or receiving inadequate support, contact our Attorneys. We can perform a guideline support calculation on your behalf and help you determine how to best proceed with your case.

Alimony Lawyer

Alimony Lawyer

Spousal support (alimony) can be one of the most complex and potentially contentious aspects of a divorce. An experienced divorce lawyer can advise you of your rights, help you anticipate how a Court will analyze a spousal support claim, and ensure that your rights are protected.

If you need to speak with an experienced divorce lawyer, we encourage you to contact Clark, Byarlay & Sparks. We represent clients in Little Rock and the surrounding areas in divorce and family law matters. We have extensive experience in divorce cases in which a client is seeking or opposing a spousal support award.

Spousal Support in Arkansas

An Arkansas Court may award spousal support to either spouse. The Court will review a number of factors including the length of the marriage, earning capacity of each spouse and the needs of each spouse.

While there is no bright-line test for determining when support will be awarded, the Court will closely examine the need of the spouse seeking support and the ability of the other spouse to pay support. The Court has wide discretion to grant or deny support, and to fashion a support order in an amount and for a duration it determines appropriate. To avoid the uncertainty of trial, spouses may reach an agreement on spousal support claims as part of a Marital Settlement Agreement.

Alimony Lawyer

Protect Your Rights

If you are getting divorced, contact an experienced divorce attorney at Clark, Byarlay & Sparks. With more than 80 years of combined legal experience, our attorneys can ensure that your rights are protected.

If spousal support is disputed in your case, we can negotiate on your behalf directly with your spouse’s attorney or your spouse directly if he or she does not have legal counsel. We can attempt to negotiate a fair Marital Settlement Agreement that resolves the issue of spousal support and all other issues present in your divorce.

If negotiation is not effective, we can attempt to effectively resolve any disputes through mediation. If your case is not resolved by agreement, we will vigorously defend your rights at trial. Our divorce attorneys prepare meticulously for the possibility of trial in each case and offer extensive trial experience.

Bankruptcy Facts

Bankruptcy Facts

How often can I file bankruptcy?

The Bankruptcy Reform Act of 2005 changed the time frames within which an individual can file a bankruptcy and receive a full discharge of his or her unsecured debts. Also, the new law changed how some debts are discharged. Time frames are judged from the date of filing of the last bankruptcy to the expected filing date of the new bankruptcy. A Chapter 7 bankruptcy can only be filed once every eight (8) years. A Chapter 13 can only be filed once every two (2) years. If a person had a previous Chapter 7, then a Chapter 13 can only be filed after four (4) years. Due to the change in the law, a personal interview is required to determine exactly which time frame may apply in your case.

When will creditors stop harassing me?

Generally, a Debtor is “fair game” for a creditor until a bankruptcy is actually filed with the Court. As a practical matter, however, most creditors will cease collection efforts once the attorney has been retained to file.

I’ve already been sued. Can bankruptcy help me?

A bankruptcy filing will automatically stop all collection efforts. If you have been sued, but the bankruptcy is filed before a judgment is entered, no judgment can be entered. If a judgment has been entered, collection of the judgment is stopped.

How long will bankruptcy stay on my credit report?

For 10 years. No one can legally remove a bankruptcy notation from a credit report, if 10 years have not elapsed. Do not trust anyone who says that bankruptcy notations less than 10 years old can be removed, especially if they want to charge you a fee to do this.

Will I ever be able to get credit again? Will I be able to buy a home?

There is no magic formula to rebuild credit after a bankruptcy. Obviously, a Debtor who has just completed bankruptcy will want to make timely payments on continuing obligations such as utilities, rent/mortgage payments, car payments, etc., in order to rebuild the credit record. Another way to help rebuild credit is through the judicious use of a secured credit card. Generally, once two (2) years have elapsed after the discharge, creditors start to look favorably about granting credit. Obviously, the reason why someone files for bankruptcy comes into play here. Home mortgage loans are generally available to a Debtor after two (2) years have elapsed, assuming the person otherwise qualifies for the loan.

What are the ramifications of filing bankruptcy?

Quite frankly (in our personal opinion), aside from one’s ability to get future credit, the primary negative aspect of filing bankruptcy is the personal and emotional feelings a person may have about bankruptcy.

Bankruptcy Facts

Can I leave some creditors off of my bankruptcy petition? Do I have to list all of my debts?

All debts owing as of the date of the filing of a bankruptcy petition must be listed on the schedules; no creditor can be left off. This applies even to debts owed to friends and relatives. When a person signs a bankruptcy petition, he or she is certifying under penalty of perjury that all assets and liabilities (debts) are listed on the petition. Additionally, at the time of the meeting of creditors, a debtor will be asked, under oath, if all assets and liabilities have been listed. This does not mean, however, that certain debts cannot be reaffirmed. Even if a debt has been discharged, the Bankruptcy Code is very specific that nothing prohibits the voluntary repayment of a discharged debt. On secured debts such as car loans and home loans, the Debtor still lists that debt on the petition, but can reaffirm the debt in order to keep the property.

Do many people file for bankruptcy protection?

Absolutely. According to the American Bankruptcy Institute, filings nationwide increased from over 1.4 million petitions in 1997 to over 2 million in 2005. As a result of the passage of the new bankruptcy amendments in October of 2005, new filings for 2006 reduced to 617,660; but gained in 2007 to 850,912. Bankruptcy is still a viable option for many individuals.