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Oklahoma Child Support Questions & Answers
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.

1 Answer | Asked in Child Support and Divorce for Oklahoma on
Q: Does the husband need to start paying child support before the wife even files for divorce? Will there be back support?

Wife commits adultery and moves out. She lives off student loans finishing College May of 2020 when she will start working for 70k a year. Has not filed for divorce yet. Only a verbal agreement with husband on custody and child support. She made him start paying child support immediately to her the... Read more »

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

If you want to insure that you'll receive child support, you need to make sure that you get a divorce petition on file as soon as possible. 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 Family Law and Child Support for Oklahoma on
Q: with a CS court hearing coming up my ex is wanting to terminate his rights, what do I do?

he hasn't been around or seen my daughter in 3 years.

Melissa Oxford
Melissa Oxford answered on Sep 17, 2019

A parent cannot terminate their parental rights simply to circumvent child support obligations.

1 Answer | Asked in Child Support and Family Law for Oklahoma on
Q: I married then separated from a woman in 2008/2009 she has kids now am I liable.

She recently separated from the bio dad who gave them to bio dads grandma. Bio grandma sees we never divorced and has filed child support against me instead of her son. Oklahoma support is trying to serve me papers to appear for a support order even though the bio grandma is the fathers mother and... Read more »

Kyle Persaud
Kyle Persaud answered on Aug 20, 2019

If you and the mother were married at the probable time of conception, then, you are the "presumed father" of the child.

Oklahoma Statutes, title 10, Section 7700-607(B) says:

"B. A proceeding seeking to disprove the father-child relationship between a child and the child's presumed...
Read more »

1 Answer | Asked in Child Support and Family Law for Oklahoma on
Q: I married then separated from a woman in 2008/2009 she has kids now am I liable.

She recently separated from the bio dad who gave them to bio dads grandma. Bio grandma sees we never divorced and has filed child support against me instead of her son. Oklahoma support is trying to serve me papers to appear for a support order even though the bio grandma is the fathers mother and... Read more »

Melissa Oxford
Melissa Oxford answered on Aug 19, 2019

If you were married to bio mom when she had the child(ren), under Oklahoma law you are presumed to be the father. This presumption can be overcome by a DNA test, but you will need to request same. You indicate you "signed a notarized paper for the mom from hospitals each time she popped another one... Read more »

1 Answer | Asked in Tax Law and Child Support for Oklahoma on
Q: DHS is holding my back child support collected thru tax off set. He did not file a joint return but claimed his step kid
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 14, 2019

Did you have a question or just wanted us to know?

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: My child’s father lives in NYC and I live here. We agreed $650 a month since birth but now that I filed its $290?

This can’t be right. What can I do?

Hans Otto Lehr
Hans Otto Lehr answered on Aug 2, 2019

There are many reasons why the child support amount can change. There may have been a change in income for one or both of you, the obligor may have additional child support obligations out there and/or the obligor may be receiving some other credit which reduces his or her amount owed. There is... Read more »

1 Answer | Asked in Divorce and Child Support for Oklahoma on
Q: My ex and I are still married and have not been together for 3 years he is just at resident here in the US...

I put child support on him 4 months ago and have not gotten anything... I also need help with a divorce.I am a single mom and i don't have the money to get one....

Hans Otto Lehr
Hans Otto Lehr answered on Jul 31, 2019

You may be able to handle your child support action on your own through DHS' Child Support Services office. Most folks go through their process for child support enforcement without the assistance of an attorney.

However, I would always recommend the assistance of an attorney when...
Read more »

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Can I owe back child support even if I'm paid up due to a recent increase in payment because salary raise?

I am paid up on child support, did not owe any back child support. Recently received letter stating my payment was to increase. I did not contest this as my wages have gone up recently, but now they are saying I owe $3000 in back support. Why is this? Are they going back to when I first got the new... Read more »

Doak Willis
Doak Willis answered on Jul 29, 2019

The Court cannot go back to the point you received a salary increase unless that was the same date the motion to modify your child support was filed. In other words, the date of filing for the modification will be the date that your income from that date forward will be used to calculate your new... Read more »

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