Child support is dictated by the Supreme Court of Arkansas in the Arkansas Family Support Chart outlined in Administrative Order No. 10. It is based on income and number of children. Parties may vary from this chart by agreement. The court may vary from the chart based on the circumstances of the parents and child and the nature of the case. The amount in the Arkansas Family Support Chart is presumed correct unless the court finds that the amount would be inappropriate or unjust.
Child Custody and Visitation
The sex of the parent is not a factor for decisions relating to child custody. In determining the best interest of the child, the court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age.
Adoption
Step-parents may adopt the children of their spouse taking on the legal and financial responsibilities of the children’s natural parent. The biological parent will be notified of the hearing on the matter and will have an opportunity to contest the matter. In some situations, it is not necessary to provide notice to the biological parent, such as in the case of abandonment which is defined by the court as a lack of significant contact or support for a year or more.
Paternity
After a divorce or determination of paternity, situations arise which require a change in custody and/or visitation. Once a custody determination or agreement has been ordered by the court, the standard for determining custody and visitation changes. While the best interest of the child is still taken into consideration by the court, the petitioning party must show the court that there has been a material change in circumstances from the time the last custody order was entered. That material change in circumstances must have a detrimental impact on the child or children and the court must determine that it is in the best interest in the child for a change in custody.
Premarital Agreement
Always discuss a prenuptial agreement with your partner prior to drafting. It is advised that both individuals hire their own attorney before entering into such an agreement.
Guardianship
Auria Kemper has devoted her entire career exclusively to family law. Mauria understands that when clients walk into her office, they are there to discuss what matters most to them, their families. She handles a wide range of cases involving divorces, child custody, guardianships, adoptions and other family law matters. Mauria has an immense amount of courtroom experience, successfully litigating family law matters throughout the state of Arkansas. Mauria is dedicated to providing skilled, honest and compassionate representation to her clients.
Spousal Support
When a decree of divorce is entered, the court may make orders concerning the alimony of the wife or the husband as are reasonable from the circumstances of the parties, from the need of the party requesting alimony, and from consideration of the following...
Annulment
Unlike a divorce, an annulment makes it as if a marriage never happened legally. This is not an escape route for normal marriages; rather, is appropriate in certain circumstances. Some situations include where a previous marriage exists prior to the marriage; where the marriage was obtained through fraud or duress; where one party lacked the mental capacity to enter into the marriage; and the determination that the parties are related.
Criminal Defense Attorney Shane Wilkinson is not just a former prosecutor, but the former Chief Deputy Prosecutor of Benton County, Arkansas. Mr. Wilkinson understands how prosecutors and law enforcement will attempt to build a case against you. Mr. Wilkinson will thoroughly examine every piece of evidence, including the procedures followed by police when obtaining that evidence, in order to most effectively present a defense.
DUI/DWI
A conviction for a DWI can affect your life forever. It can cause increased insurance premiums, interference with employment, interference with certain professional licenses, and other issues that will follow you for years to come. The penalties for DWI in Arkansas are as follows...
Wrongful Death
Sex Crimes
Computer and internet crimes typically fall into five categories: theft offenses, fraud offenses, sex offenses, financial crimes, and privacy offenses. With the rise of the internet, computer crimes have increased significantly and are now actively investigated by state and federal law enforcement agencies. Computer and internet crimes carry with them very unique and complex issues that require an attorney with extensive experience in this area.
Fraud
Robbery
Crimes such as drug trafficking, robbery, assault, battery, and kidnapping are serious enough, but when a gun enters the equation, these matters take on a deeper level of seriousness and punishment. The consequences of simply possessing a firearm while committing another crime can mean more severe penalties due to certain firearm enhancement statutes. Some of these penalties automatically run consecutively to any other sentence you receive. They can also drastically affect your parole eligibility if you are sentenced to the Department of Corrections.
Burglary
Mr. Wilkinson has had jury trials involving burglary and theft charges, and understands the unique complications that are inherent in these particular cases. Mr. Wilkinson has handled many cases that fall into this category including...
White Collar Crimes
Contact the Wilkinson Law Firm if you have been charged or are being investigated for any form of white collar crime or fraud in the State of Arkansas at (479) 273-2212, or e-mail at shane@wilkinsonattorneys.com.
Theft
Misdemeanors
Burglaries and theft crimes cover a wide variety of offenses in Arkansas. These offenses range from shoplifting, a misdemeanor, to aggravated residential burglary, a Y felony, the most serious classification of felony in Arkansas. A conviction on one of these charges can carry severe penalties that involve jail time, prison time, probation, extensive fines, or any combination of various punishments. A conviction for any burglary or theft crime can permanently impact your life.
Embezzlement
Drug Crimes
Drug offenses can carry severe penalties and are aggressively prosecuted throughout Arkansas. Certain drug offenses carry the possibility of a life sentence. Narcotics cases can be complex, as they often involve constitutional search and seizure issues, scientific and technical issues, witness credibility issues, and many other general evidentiary issues.
Assault
The most common misconception people have about assault and battery cases is that the victim has the authority to drop charges. This is not the case, even if it is a close friend or family. Once an incident has been reported and an arrest has been made, only the State, not the alleged victim, decides whether charges are dismissed or reduced. The complainant’s wishes may or may not be taken into consideration. There are laws in Arkansas that allow the State, in some cases, to prove their case without the victim even present at the trial. When an assault or battery case has been charged, you need an attorney that is experienced and has tried cases like yours before.
Murder
High profile cases are often accompanied by unique issues that require an attorney that understands and knows how to deal with those issues. Murder cases typically attract media attention. Having handled many high-profile violent crime cases, Mr. Wilkinson understands the challenges of working with the print and broadcast media while ensuring a fair trial.
Juvenile Crimes
Contact the Wilkinson Law Firm if your child or family member has been charged or are being investigated for a juvenile crime in the State of Arkansas at (479) 273-2212, or e-mail at shane@wilkinsonattorneys.com.
Probation Violation
There is a lot at stake if you are accused of a probation violation. The maximum sentence that you could have received for your original conviction can be fully enforced with proof of a probation violation. In certain circumstances, you can be held without bond while awaiting the outcome of a probation violation. Probation violations can happen for a number of reasons including failure to report to your probation officer, failure to pay fines and costs, associating with the wrong people, or being accused of committing a new crime while on probation. If your probation violation involves being accused of committing a new crime, that new case is all the more important. There are numerous things that can be accomplished by an experienced attorney to get your probation back on track and keep you out of jail. Mr. Wilkinson has successfully handled hundreds of probation violation cases.
Identity Theft
Homicide
Criminal Defense Attorney Shane Wilkinson is not just a former prosecutor, but the former Chief Deputy Prosecutor of Benton County, Arkansas. Mr. Wilkinson understands how prosecutors and law enforcement will attempt to build a case against you. Mr. Wilkinson has been on the scene during numerous homicide investigations, and he knows what procedures should be followed while law enforcement collects evidence, interviews witnesses, and interviews suspects. Mr. Wilkinson will thoroughly examine every piece of evidence, including the procedures followed by police when obtaining that evidence, in order to most effectively present a defense.
Arson
St degree, murder in the second degree, manslaughter, negligent homicide, kidnapping, aggravated robbery, terroristic act, battery in the first degree, aggravated assault, arson, firearms and weapons crimes, and many more.
Shoplifting
Kidnapping
Mr. Wilkinson has extensive experience in all types of weapons cases including Capital Murder, Aggravated Robbery, Kidnapping, Aggravated Assault, Battery in the First Degree, Robbery, Felon in Possession of a Firearm, and various other Homicide charges. If you are facing serious weapons or gun charges, you need an experienced, trial proven attorney.
Manslaughter
Arkansas Criminal Defense Lawyer Shane Wilkinson has successfully handled numerous murder cases including Capital Murder, Murder in the First Degree, Murder in the Second Degree, Manslaughter, and Negligent Homicide. If you are charged with any one of these serious crimes, you need an experienced attorney on your side. There is no doubt that the outcome of the case will permanently affect your life, as well as the lives of your friends, family, and loved ones.
Internet Crimes
Arkansas Criminal Defense Attorney Shane Wilkinson understands how prosecutors and law enforcement will attempt to build a case against you. Mr. Wilkinson has unique knowledge and experience dealing with computer and internet crimes. Mr. Wilkinson will thoroughly examine every piece of evidence, including the procedures followed by police when obtaining that evidence, in order to most effectively present a defense.
Civil litigation is a broad area of practice that includes contract disputes, personal injury, eminent/domain condemnation, probate and guardianship disputes and business disputes. The Wilkinson Law Firm has extensive experience in these areas in both state and Federal courts and also utilizes proven methods of dispute resolution to achieve prompt, efficient and satisfactory results for clients.
Non-compete agreements are treated differently from regular contracts. Unlike most contracts for employment, the non-compete agreement has the effect of inhibiting commerce. Public policy favors people having jobs and being productive. As a result, a non-compete agreement has to be properly limited geographically, temporally (length of time of the non-compete), limited by industry and limited to a legitimate interest of the company. However, even if the non-compete meets all of these requirements, enforceability is still questionable because decisions by Arkansas courts have been inconsistent and cases are decided on a case by case basis. The attorneys at the Wilkinson Law Firm have experience drafting non-compete agreements for employers and litigating non-compete agreements on behalf of employers and employees. If you are facing a non-compete or need one, please call us.
The lawyers at the Wilkinson Law Firm have represented owners, contractors, subcontractors and suppliers in complex commercial and residential construction defect cases. We have experience in handling all phases the construction process including contract negotiation, mechanics/material-men’s liens, and litigating construction cases in court. If you have questions about construction law or litigation, please contact us to schedule an appointment.
Eminent Domain
In Arkansas, the government and governmental entities such as utility companies have the power to take your property, but they cannot dictate the price they are willing to pay. Instead, compensation is determined by the highest and best use laws for your property. Although the eminent domain process in Arkansas is complicated, the attorneys at the Wilkinson Law Firm have experience representing condemning authorities and property owners in eminent domain cases. If you are threatened with eminent domain, please contact us to schedule an appointment immediately.
If you have been injured in a motor vehicle accident as a result of the careless actions of another, you may be entitled to damages for medical expenses, pain and suffering, mental anguish, repairs to your vehicle, and lost wages. At the Wilkinson Law Firm, we understand that being involved in an automobile accident is a crisis that can affect every facet of your life and our goal is to provide individual and personal representation to help you through this difficult time. After years of handling complex personal injury and wrongful death cases, we have the skill and experience to fight for the full compensation our clients deserve.
Disputes in probate court can arise over disputes relating to a will, trust, the administration of an estate or between heirs and beneficiaries. Probate also involves guardianships, which are intended to promote and protect the well-being of an incapacitated person and his or her property. Individuals may be incapacitated by reason of minority (under the age of 18) or because the individual is substantially without capacity to care for himself or herself or their estate. There are two types of guardianships: temporary guardianships which can last no more than 90 days by statute and permanent guardianships which last until terminated by a court. A guardian may be appointed over the person or over the person and the estate. A guardian of the person has no control over the individual’s financial affairs or property. Randall Wakefield has experience pursuing guardianships for those seeking to be appointed as guardians and defending guardianships when one is being sought improperly. If you interested in pursuing a guardianship or if you have been served with a petition for guardianship, please contact us. Mr. Wakefield also prepares wills, trusts and powers of attorney.