2020 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 10 - Division of Workforce Services Law
Subchapter 1 - General Provisions
§ 11-10-110. Protection of rights and benefits — Exception for withholding child support — Definitions

(a) At the time of filing the claim, an individual filing a new claim for unemployment compensation shall disclose whether or not the individual owes child support obligations as defined under subdivision (g)(1) of this section. If any individual discloses that he or she owes child support obligations and is determined to be eligible for unemployment compensation, the Director of the Division of Workforce Services shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined to be eligible for unemployment compensation.

(b) The director shall deduct and withhold from any unemployment compensation payable to an individual who owes child support obligations as defined under subdivision (g)(1) of this section:

1. (1) The amount specified by the individual to the director to be deducted and withheld under this section if neither subdivision (b)(2) nor subdivision (b)(3) of this section is applicable;

2. (2) The amount, if any, determined pursuant to an agreement submitted to the director under section 454(19)(B)(i) of the Social Security Act by the state or local child support enforcement agency, unless subdivision (b)(3) of this section is applicable; or

3. (3) Any amount otherwise required to be so deducted and withheld from his or her unemployment compensation pursuant to legal process, as that term is defined in section 462(e) of the Social Security Act, properly served upon the director.

(c) Any amount deducted and withheld under subsection (b) of this section shall be paid by the director to the appropriate state or local child support enforcement agency.

(d) Any amount deducted and withheld under subsection (b) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations.

(e) For purposes of subsections (a)-(d) of this section, the term “unemployment compensation” means any compensation payable under this chapter, including amounts payable by the director pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.

(f) This section applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the director under this section which are attributable to child support obligations being enforced by the state or local child support enforcement agency.

(g)

1. (1) The term “child support obligations” is defined for purposes of these provisions as including only obligations which are being enforced pursuant to a plan described in section 454 of the Social Security Act which has been approved by the United States Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.

2. (2) The term “state or local child support enforcement agency” as used in this chapter means any agency of this state or a political subdivision thereof operating pursuant to a plan described in subdivision (g)(1) of this section.