Oklahoma Child Support Questions & Answers

Q: I'm the guardian of my 2 nieces.The dad is the est. father of 1, not the other. Are visits reqr'd for the non est child?

1 Answer | Asked in Adoption, Child Custody, Child Support and Probate for Oklahoma on
Answered on Mar 16, 2019
Kyle Persaud's answer
Before you can collect child support from this man, the man would have to be "adjudicated" the father -- that is, a judge would have to rule that he is the father.

If this man has not been adjudicated the father, is would appear that he does not have visitation rights. But, if the man is adjudicated the father, the court could give him visitation rights.

Q: If a child moves out of oklahoma, would the child support case be transferred as well?

1 Answer | Asked in Child Support and Family Law for Oklahoma on
Answered on Mar 13, 2019
Kyle Persaud's answer
This is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Uniform Interstate Family Support Act (UIFSA).

Both the UCCJEA and UIFSA are very complicated. There are many factors to be considered in deciding whether to transfer a child support case, and in determining which state has jurisdiction. Based on the limited information you have provided, I cannot answer as to whether this case should be transferred out of Oklahoma.

To read the...

Q: How can I modify support? They took $4 shy of 50% of my income and i have no access to the child! Not very fair.

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Answered on Mar 12, 2019
Kyle Persaud's answer
To modify child support, file a motion to modify child support, in court.

It is legal for them to take child support from you and not let you see your child.

To get visitation with your child, file a motion to modify custody and visitation.

Q: How long does the child support process take I file back in November of 2016. And I still haven’t had a hearing

1 Answer | Asked in Child Support for Oklahoma on
Answered on Mar 7, 2019
Kyle Persaud's answer
As to the first question: How long does the child support process take?

That depends on the county. Often, in smaller counties, the process goes quicker.

But, if you filed in November 2016 (over two years ago) then, there is probably something amiss -- it shouldn't ever take over two years to get a hearing. There's probably an administrative or clerical error, and someone forgot to docket your case.

Did you file this case in court? If so, call the court clerk, and ask...

Q: If parental rights are terminated the order for child support is terminated except CS acrued before termination?

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Answered on Mar 6, 2019
Pete David Louden's answer
There are two ways to terminate parental rights in Oklahoma. 1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.

When rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.

If the child is adopted, ongoing support stops but any past due support would still be owed.

Q: Can I receive child support from my ex/child's father, and him still not get visitation. I don't trust him.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Answered on Mar 6, 2019
Kyle Persaud's answer
If you file for child support, it will be up to the judge to decide whether the father gets visitation.

Except in the most extraordinary circumstances, judges generally grant visitation to both parents. You may be able to get an order saying any of the father's visitation is to be supervised. It will all depend on the judge.

Q: who owes child support if no best interest hearing or DNA done but Presumed father signed denial & AOP signed by bio dad

1 Answer | Asked in Child Support for Oklahoma on
Answered on Mar 6, 2019
Kyle Persaud's answer
The biological father should be responsible for paying child support.

Q: How does paternity work in Oklahoma when mother was married to another man?

1 Answer | Asked in Family Law, Divorce and Child Support for Oklahoma on
Answered on Mar 6, 2019
Kyle Persaud's answer
If the parents were married to each other at the time of the child's birth, the mother's husband is presumed to be the father.

To rebut this presumption, you have to file a paternity suit in court.

In general, if the the parents were married to each other at the time of the child's birth, you must file the paternity suit before the child turns two years old.

However you can file a paternity suit at any time if:

1. The husband and the mother of the child neither...

Q: My exes lives in Mustang Ok. I’m in Tn. Having his 43k back support reduced to a judgement to be collected in ok

1 Answer | Asked in Child Support for Oklahoma on
Answered on Feb 24, 2019
Gary Johnston Dean's answer
He can be charged in Oklahoma with a felony (prison time) when delinquency is over $5000. See your local state child support agency to refer to Oklahoma for help. Also, you can try to hire an experienced family law attorney in the county where he lives to assist in trying to get felony charges filed. This can be the very best way to get payments. Good luck.

Q: Is there any way to find documentation for a paternity test that was done in the early 90's for Child support?

1 Answer | Asked in Family Law, Child Support and Native American Law for Oklahoma on
Answered on Feb 17, 2019
Pete David Louden's answer
You can get a copy of the child support order from the court clerk.

Q: Can I be required to pay child support for periods of time when I was legally married to my kids mother?

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
If you were married and the children and your spouse were living with you, you would not be required to pay child support during that time frame.

Q: Mother of my kids resides in a different county then where she is filing child support is this right?

1 Answer | Asked in Child Support for Oklahoma on
Answered on Jan 29, 2019
Pete David Louden's answer
It depends on if this is an original action, if there is an existing case, how long she has lived at her current location, if she has lived where it was filed, etc. It will be fact specific. Contact an attorney directly. After asking you a few questions to determine proper jurisdiction they will be able to answer your question.

Q: Who is financially responsible for the medical and dental of a minor child?

1 Answer | Asked in Child Custody, Child Support and Divorce for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
The child's parents are responsible for the medical and dental bills for their child. If divorced, the child support guidelines are used to determine the percentages and amounts that the parents are to be responsible for when the child incurs charges.

Q: Mother request child support adjustment

1 Answer | Asked in Child Support for Oklahoma on
Answered on Jan 16, 2019
Pete David Louden's answer
It could be that mother never pursued child support from the other fathers or could be the result of a shared parenting plan where the parents split equal time and have similar incomes. There could be several different explanations but the only way to tell you for sure would be to take a look at the other cases.

Q: If my sons mom cancels child support against me do I still pay back child support that I'm behind on?

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Answered on Jan 16, 2019
Pete David Louden's answer
It would depend on your agreement and if any money is owed to the state. If all the money is owed to mom and she is willing to do an agreed order agreeing all support is paid in full you can do that. DO NOT rely on an agreement with her. You need to get a court order. If you do not get a court order it may bite you later in a big way.

Q: How much child support would both parents pay to the guardian whom their child lives with?

1 Answer | Asked in Child Support for Oklahoma on
Answered on Jan 7, 2019
Doak Willis' answer
Does the child receive any benefits? Those benefits would go to the child. As for the parents, that amount depends on how much each draws monthly. It is computed on a schedule which is based upon their gross monthly income. You must have those figures before your question can be answered.

Q: I live in Oklahoma, my ex wife & I have joint custody but she is the custodial parent. She decided to move 2 hrs away

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Answered on Jan 7, 2019
Pete David Louden's answer
If the children have been living with you and wish to stay in your home the process would be to modify your order. After reviewing your case an attorney can tell you how to get this done and your chance of success.

Q: What do I do if my 8 month old daughters dad requests to terminate his rights?

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Answered on Dec 31, 2018
Pete David Louden's answer
There are only two ways to terminate parental rights in Oklahoma. 1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.

Even when rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.

Q: My husband and his ex have joint custody of their 3 kids. They agreed in mediation that he'd pay 60$ weekly in child

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Answered on Dec 27, 2018
Pete David Louden's answer
I understand how its possible to get behind, especially with a new baby. Just get it caught up as quick as you can and then there's nothing she can do.

Q: Does a father have to continue paying child support if he signs his rights over in the state ok oklahoma?

1 Answer | Asked in Child Support for Oklahoma on
Answered on Dec 19, 2018
Doak Willis' answer
If the child was adopted by another party at the time the father signed his consent to the termination of his parental rights then his obligation to pay child support in the future is terminated upon the adoption being completed.If there was no adoption then the father must still continue paying his child support.

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