9 CAR § 6-101. Review

(a)(1) Child support obligations may be reviewed and adjusted, if appropriate, once every thirty-six (36) months at the request of either party or a state in an intergovernmental case. (2) There must be a change in the noncustodial parent’s gross income in an amount equal to or more than twenty percent (20%) or more than one hundred dollars ($100) per month in order to petition the court for modification of the obligated child support amount based on the Family Support Chart. (3) The order must be an Arkansas order or an order that Arkansas can assume continuing exclusive jurisdiction (CEJ) to modify. (b)(1) TEA cases will be reviewed and adjusted, if necessary, once every thirty-six (36) months. (2) A request from a party is not required. (3) Each TEA case will be reviewed at the time of referral to determine if review and adjustment is appropriate. (c)(1) Review and adjustment may be requested more often than once every thirty-six (36) months if a significant change in circumstances exists. (2) The burden of proof is on the requesting party. (3) A review more often than once every thirty-six (36) months may be appropriate if one (1) or more of the following circumstances exist: (A) Support was set at the chart minimum because the noncustodial parent was unemployed or underemployed at the time, and new evidence shows that he or she is employed or more gainfully employed; (B) The noncustodial parent is unemployed or has experienced a reduction in pay or hours worked through no fault of his or her own and the situation is likely to continue for an extended period of time; (C)(i) The noncustodial parent is or will be incarcerated for at least one hundred eighty (180) days. (ii) Incarceration is defined as a conviction resulting in a sentence of confinement to a local jail, state, or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days excluding credit for time served prior to sentencing; (D)(i) The noncustodial parent becomes permanently disabled which is medically verified by a doctor’s statement and/or Social Security Disability benefits determination form. (ii) When modifying support based on disability benefits being paid, the spouse and dependent benefits, whether in the home of the obligor, assignor, or a third party, will be taken into account in determining the noncustodial parent’s income. (iii) For example, the noncustodial parent’s benefit amount plus any separate awards made to the disability recipient’s spouse and children equals the total income for the noncustodial parent as defined by the guidelines for setting support; (E) The noncustodial parent has provided income information to the Office of Child Support Enforcement at the request of the custodial party and otherwise meets the criteria for a review as outlined in state law; (F) One (1) or more of the dependents have turned eighteen (18) or otherwise emancipated and one (1) of the parties requests review of the support amount for the remaining children; (G) The medical needs of the child need to be addressed due to a change in healthcare coverage; or (H) All of the dependents have emancipated and a significant change in the noncustodial parent’s income has occurred.