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Oklahoma Child Support Questions & Answers
2 Answers | Asked in Child Support for Oklahoma on
Q: My husband is getting child support garnished from 2 checks even though 1 check covers court ordered amount and backpay

He pays 183$ every 2 weeks 50$ for backpay they are taking full amount from each job so hes paying double hes called child support and is still being charged after they said they would stop one garnishment is he entitled to the money they took that was over the amount ordered by a court?

Pete David Louden
Pete David Louden answered on Jan 17, 2020

I see this same thing happen all the time. The solution is hire an attorney to get this resolved for you so that support no longer comes out of both checks.

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1 Answer | Asked in Child Support for Oklahoma on
Q: If my rights to my child was termanated by court do i have to pay child support if not how do i take care of it

I was living on the streets never even knew they took my rights and never even knew i had child support until i filedfor taxes and they took my return if my rights were taken then i dont think i have to pay but while i was in prison and the last year i been out the payments have been pileing up how... Read more »

Pete David Louden
Pete David Louden answered on Jan 13, 2020

If your rights were terminated child support only stops if the child is adopted. Any past due support would still be owed. You should contact an attorney to help you get to the bottom of this so you know where you stand. I wish you the best of luck with this matter.

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: I moved states away from my ex wife and kids can i file for child support and custody modification in my current state?

I moved to Oklahoma from Colorado in 2018 because i was medically discharged from the military my current agreement dosent say anything about moving and my ex is not allowing me to see my kids. I also have had a significant salary decrease and can no longer afford to pay the 860 i currently have to... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 8, 2020

You have to file where the child support order was put in place. Same for the custody modification.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Warrant after husband's parental rights to his 2 daughters were terminated and they were immediately adopted

Daughters were adopted by stepfather after termination but just learned a warrant is issued for non-payment of child support from termination date to present? We were told support was suspended on that date? What do we do now?

Doak Willis
Doak Willis answered on Jan 8, 2020

Hire an attorney to have it taken care of immediately.

1 Answer | Asked in Child Support for Oklahoma on
Q: I pay child support and my daughters mom is trying to keep her from me.

Can she get in trouble do to the new law in Oklahoma?

Brian Boeheim
Brian Boeheim answered on Jan 7, 2020

Child support and Child custody/visitation are two separate things. She cannot keep the minor child from you if their is a court order or minute giving you specific visitation rights. I would file a motion to compel visitation or a motion to enforce visitation. If she still fails to provide... Read more »

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: Can a father file for joint custody just because he doesn't want to pay child support the kids are with the mother

The father only filed a motion for joint custody because he does not want to pay child support kids are with the mother full time

Brian Boeheim
Brian Boeheim answered on Dec 17, 2019

Joint custody doesn't actually have anything to do with child support. The calculation for child support is a combination of factors including overnight visits, gross monthly income, providing health insurance. Joint custody just means that the father gets to be part of the decision part of the... Read more »

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: My son has no custody or visitation of his son. He does pay court ordered child support in NC.

We learned today that the mother has moved the child out if state and not told the court or DSS. Is this legal and is my son still obligated to pay support?

Brian Boeheim
Brian Boeheim answered on Dec 2, 2019

Until a motion for modification of child support is filed, he will still owe child support. If she moves, this may eventually change the jurisdiction for child support. It does give your sonar opportunity to reopen the issue of visitation or custody, if she is acting in a manner that is not int... Read more »

1 Answer | Asked in Family Law, Adoption and Child Support for Oklahoma on
Q: My children were adopted by my parents years ago I ambeing sued for child support for after adoption what is the law
Brian Boeheim
Brian Boeheim answered on Nov 16, 2019

Parent’s are still required by law to pay child support even after a parent’s rights are terminated. A parent is relieved of any further child support obligation upon the court receipt of a final decree of adoption. A parent would always be required to pay the back child support, pursuant to a... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: 60/40 is the plan. He only typically has them every other weekend. I want to change the custody. He won’t agree.

He doesn’t want to pay more child support but wants to do what the kids wants and they want to be with me. How can I change this? He makes twice as much money and I take a low job to keep the kids on the schedule which is benifical to him as no daycare is needed. The kids vary rarely even stay... Read more »

Doak Willis
Doak Willis answered on Nov 4, 2019

You have not said if this is a joint custody case or you have sole custody. You need to hire an attorney to file a motion to modify the Decree requesting a change in custody to full custody or if you already have that then request a modification of the visitation and child support.

1 Answer | Asked in Divorce, Family Law and Child Support for Oklahoma on
Q: I was married in 2009 I got a divorce and I have a court order for me to pay child support I produced a DNA test during.

I produced a dna test during the divorce and the judge threw the DNA test out and forced me to pay child support

Doak Willis
Doak Willis answered on Nov 4, 2019

I suppose your question is why you have to pay and he threw out the test. There are certain laws governing children born during the marriage which could be used in your circumstance to do what the Judge did in not allowing the test results. If you lived with the mother and child for two years for... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Do still have to pay child support if I terminated my rights as an parent?
Doak Willis
Doak Willis answered on Nov 4, 2019

Yes, unless the child has been adopted by another person. Just because your rights are terminated doesn't relieve the responsibility of having to support the child.

1 Answer | Asked in Child Support for Oklahoma on
Q: Would I have to continue to pay child support if I got a DNA test and found out the Child wasn’t mine?
Brian Boeheim
Brian Boeheim answered on Nov 1, 2019

It depends n several things. If you have already been determined the father by the court or by agreement, then you may still have to pay child support. There are some exceptions to this though. One possibility is if you were defrauded into believing the child was yours. Give us a call and we... Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: What can be done if an employer is not sending court ordered child support payments to CSS?

CSS has an active employment on file for the NCP. But the employer sends payments every other month?

Brian Boeheim
Brian Boeheim answered on Oct 15, 2019

File a Motion to Compel the employer to pay. The judge will have a hearing and you subpoena the employer to be at the hearing. The judge will then order the employer and if they fail to follow that order then they will be held in contempt and face 6 months in jail with fines.

1 Answer | Asked in Child Support for Oklahoma on
Q: Does the father have to pay CS if the mother let's the kids drop out of school at 15 yrs of age & dont live with her

The mother lives in a different town with boyfriend than the children. One of kids lives with us and is in school. The mother smokes pot with the 2 kids she has and let's them drink.

Brian Boeheim
Brian Boeheim answered on Oct 12, 2019

Until there is an order modifying child support, the father is on the hook for whatever was court ordered. You need to have an attorney file a motion for modification of child support and possibly child custody based on a material and permanent change in circumstances. If you are concerned for... Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: I was wondering can someone get child support on a child if said child doesnt live with them?
Brian Boeheim
Brian Boeheim answered on Oct 7, 2019

Sadly yes. If there is a child support order in place, it must be followed until there is a motion to modify. This is why it is important to have your attorney file a motion to modify when there is a substantial and material change to living arrangements of the children.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: I need a template to write this myself. Can someone help please .!!!!!
Brian Boeheim
Brian Boeheim answered on Oct 5, 2019

I am sorry, but I am not certain what type of template you are requesting? Over and over again, I see people who attempt to file petitions themselves and not only do they spend an enormous amount of time doing it, but the stress ends up being far more than anyone should have to deal with. Also,... Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: Can the amount of child support ordered to be payed be changed if the Obligor is in college full time and no job?
John S. Stratton
John S. Stratton answered on Oct 4, 2019

Significant change in circumstances, including significant changes in the parents income(s), is a common ground for filing to modify child support. If you are not able to accomplish modification through DHS I recommend that you hire an attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: In OK (Tulsa County), can I have all open Family Court cases, consolidated into one case, under one judge?

DHS is involved because I receive aid from the state to offset daycare costs

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

There are some actions you can consolidate if the parties to the action are the same, the claims arise substantially out of the same events/circumstances, and the statutes allow for it. You should get a lawyer to aid you in this process. Contact a licensed family law attorney in Oklahoma for help.

1 Answer | Asked in Child Support and Civil Litigation for Oklahoma on
Q: I owe $20,000 in child support but if I won 50K in civil court against them for a separate matter, who owe who?

I owe roughly 20,000 in back child support but recently something has happened to where I could take her to civil court but she already owes in small claims court and has nothing to take and no job to garnish. So If I got a judgement of 50K or more would I still owe her that child support.

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

Yes, you would still owe child support. The two (2) judgments/awards have nothing to do with each other. You'll need to still pay the $20,000, and then collect separately your $50,000. You should get a lawyer to aid you in this process. Contact a licensed attorney in Oklahoma for help.

1 Answer | Asked in Child Support for Oklahoma on
Q: Me and my spouse are separated but still married.

The amount of time we each watch our child is even. There is no court order for any of us to pay child support. Are any of us legally obligated to pay child support?

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

Absent a Court Order, or Order from Oklahoma DHS-CSS, there is no legal obligation for anyone to pay anyone else child support. However, if a divorce is imminent, in some cases, there may be Ordered child support back to the date of separation.

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