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Oklahoma Child Support Questions & Answers
1 Answer | Asked in Divorce, Adoption, Child Custody and Child Support for Oklahoma on
Q: In Oklahoma, I am the custodial parent, I have been married to my wife for 3 years we have been together since 2018.

The non custodial has been absent since 2017 and paid child support only one time in dec 2020 is my wife able to adopt my daughter? The non custodial parent lost her rights in court and has failed to cover her part of support and has had little to no contact over the last 6 years.

Charles Watts
Charles Watts
answered on Mar 3, 2023

Step parent adoptions are very common and to answer your question, and based on your given facts, probably yes. There are some avenues we often pursue to get that permitted through the courts. This is not something you will want to do on your own if you suspect resistance. Contact an adoption... Read more »

2 Answers | Asked in Adoption, Child Support and Family Law for Oklahoma on
Q: If a father is paying child support and a step dad wants to adopt well child support be terminated
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 4, 2022

The bio dad must appear before adoption judge and consent to the adoption. His child support will terminate when the adoption is granted.

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1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: If my child moves back in with the her mother do I still receive back child support payments?

The mother never paid child support for 8 years because she was on drugs and chose other things besides her daughter. There is a court order for child support against the mother. A little over 2 years ago she started seeing my daughter again after my several attempts to get a hold of her. Now my... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 16, 2022

The $14k in back child support will not go away.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Can a custodial parent in Oklahoma receive child support while incarcerated?
Gary Johnston Dean
Gary Johnston Dean
answered on Jun 9, 2022

Only if the funds are used to support the child. It would be better for the actual custodian was paid.

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: What happens when there has not been a discovery given to attorney and the case isnt going to trial

My dhs lawyer has been going back and forth for almost 3/4 months trying to get the discovery for our case from the courts and they keep beating around the bush. Now they are not even responding to him. I know that the discovery does not have to legally be given out (even though we are entitled to... Read more »

Anna L Self
Anna L Self
answered on May 11, 2022

I don't know what discovery the courts would be providing to you. Generally its the opposing party that you are requesting documents/information from and if they fail to comply with discovery requests you file a Motion to Compel. Your DHS attorney probably knows this.

1 Answer | Asked in Child Support for Oklahoma on
Q: I signed a prenup that says no support money does that include child support
Charles Watts
Charles Watts
answered on Apr 12, 2022

You should contact a family law attorney to assist you. Child support is not normally something anyone can get out of with a prenuptial agreement.

1 Answer | Asked in Adoption and Child Support for Oklahoma on
Q: I'm allowing my children to get adopted by there step father. Does it absolve past arrears?

DHS is not involved in any capacity other than as a pass through for payments. I'm aware that future payments will no longer be required. Arrears was being pursued pro se and only by her. Does this also cancel the contempt case on child support as well. Could I also ask her to drop arrears... Read more »

Charles Watts
Charles Watts
answered on Mar 13, 2022

You should contact and familY and adoption attorney to best evaluate your specific scenario. However, I would suspect they could negotiate a term for your consent to waive anything in arrears. While this is not guaranteed if an awoc is being pursued, it could be something pursued through a consent... Read more »

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: If my step daughter moves out of her mothers house when she’s 18, but is still going to attend high school

For 7 months to Graduate. Will my husband still have to pay child support in Oklahoma.

Charles Watts
Charles Watts
answered on Mar 4, 2022

Child support will have to be paid in accordance with the child support order - most likely until graduation but can be longer, for instance some decrees stipulate even through college. In order to get it changed there would need to be a modification to the order.

1 Answer | Asked in Child Support and Family Law for Oklahoma on
Q: Okla dhs closed the case when child turned 18, arrears are still owed, how do I collect from another state now?

we had a custody change as my child needs to know their siblings, they then lived with biological father at the time he(bio-father) owed over twenty thousand, I was under the understanding his back amount would be reduced from any amount that was asked of me to pay( not the case), my child is now... Read more »

Anna L Self
Anna L Self
answered on Feb 22, 2022

You can domesticate child support order in the state where the Dad lives and have an attorney collect for you.

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: What should i do if my 2 children live with me 100% of the time for 1&1/2 yrs and im still paying child support?

& does that mean that the person gettong child support for said children could come get my kids from me at any time even tho they are currently enrolled in school where we live (in a different state) plus i have medical etc etc for them

Anna L Self
Anna L Self
answered on Nov 28, 2021

You should file to modify custody and ask the Court to make you the custodial parent with visitation to the other parent. You need a court order that says you are the custodial parent.

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: My child’s father hasn’t been doing his weekly visitation for the last 6 months but wants to start again

I was about to file for contempt of court and see if I could get the order dismissed and some custody. Do I have to let him do his visitations again? He’s done this multiple times where he’ll call for a month or two and stop because he’s mad that I won’t give him money even though he’s... Read more »

Charles Watts
Charles Watts
answered on Nov 11, 2021

If there is a court order that is granting him visitation, then you have to allow him the opportunity to follow that. If he chooses to not visit, that is his choice, but you cannot violate the court order. You can still file a motion to modify visitation and enforcement of child support, but in... Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: Can OCSS request a child support modification without a motion initiated by the CP or NCP?

I received a letter in the mail today from OCSS informing me of a hearing to modify child support.

I called the custodial parent and she seemed as shocked as I was when she checked her mail. She claims that she did not file any motion and that she did not believe a modification was... Read more »

Pete David Louden
Pete David Louden
answered on Oct 25, 2021

It sounds like that is what has happened, so yes, it can happen. My experience is this sometimes happens when the other parent is receiving some type of state benefits.

I have also seen more than a few cases where the other parent denies requesting the modification, only to later learn they...
Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oklahoma on
Q: If the custodial parent has died, do I still owe arrearges? And who do I owe them to?

After her death I received some legal papers from an attorney explaining that she had passed away and that our minor child wanted to live with his older step brother. Having had no contact or relationship with the child for 16 of his 17 years I consented to his request only to find out later that... Read more »

Anna L Self
Anna L Self
answered on Oct 5, 2021

If the custodial parent has died and the child is still a minor then you owe the child support arrears to the person who has guardianship over the child or if the child has received benefits from DHS due to your nonpayment of child support you may owe DHS.

If the child is now an adult and...
Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: Oklahoma DHS closed my child support case due to the fact of my inability to pay. Can my case be reopened in the future?

My case was closed with arrears still in place. My 2 kids are now adults, 21 and 20. Just was wondering if the case can be reopened because of the arrears that was in place when case was closed.

Anna L Self
Anna L Self
answered on Sep 22, 2021

Yes, DHS can reopen your case to collect interest and arrears.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Oklahoma on
Q: Okay I’m 17 and I’m wanting to date this 20 year old I’ve been talking to I want to know how I can get It legal

Okay he’s 20 And I’m in the dhs system but live with my grandma I want to know if there is anyway I can get consent from the person I’m staying with and a price of paper signed and legalized to state we are allowed to date and get rule and boundary so we don’t get into trouble we are not... Read more »

Pete David Louden
Pete David Louden
answered on Sep 12, 2021

You would have to discuss this with your legal guardian.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: I'm on SSDI and me and my girlfriend were wondering if I sign the birth certificate and I'm going to anyways

Do I have to pay for child support cuz we are together and we don't want to do anything with child support cuz she knows I will pay for anything that child needs and she needs

Anna L Self
Anna L Self
answered on Aug 24, 2021

No, you don't have to pay child support if you are together. Your child can receive benefits if you are on SSDI.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oklahoma on
Q: Can I move out of my toxic parents environment 3 months before turning 18?

The family willing to let me stay with them, would help me get my car back, get a job and help me with an apartment. And my biological family said I could leave.

Anna L Self
Anna L Self
answered on Aug 17, 2021

You could file a petition for emancipation with the court.

2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: If the father of your child signed the birth certificate and the waiver for paternity that means he is the father

He signed a waiver denying paternity also saying he know he is his through vital records what does that mean

Charles Watts
Charles Watts
answered on Aug 15, 2021

Not sure your exact question but paternity issues can be very complex or very simple. Many factors come in to play, one being the birth certificate that you mentioned, the age of the child, etc…. You should contact an attorney to help you with this so that something is not missed.

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2 Answers | Asked in Family Law and Child Support for Oklahoma on
Q: Can I get an itemized statement showing all payments&charges on my case? I'm the non-custodial parent.

Why is DHS still taking the full amount of support, $556, even though both of my kids have turned 18 (as of 1/16/21) and are out on their own? Since the case was established $506 went to current and $50 went to back. I thought once current ended only the $50 for back would be collected unless she... Read more »

Pete David Louden
Pete David Louden
answered on Jul 24, 2021

DHS will often continue to take out the same amount unless/until the wage assignment is changed. You can get an attorney to help you try to lower the payment. You can also request an accounting of payments.

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2 Answers | Asked in Child Support for Oklahoma on
Q: Child support case ..When he turned 18 I got a letter in mail saying I will only owe 10 a month... and now i have

Received a letter from job that they amended that and now say I owe 275.50 a month..

I owe back childsupport.. but they originally told me that it was gonna be only 10 a month and now I have paper saying back child support due a month is that..its not dhs .. its Oklahoma child support.. but... Read more »

Pete David Louden
Pete David Louden
answered on Jul 14, 2021

It appears that someone thinks you owe child support. Take your documents to an attorney so they can look at what you have and then the attorney will be able to help you figure out what is happening.

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