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Oklahoma Child Support Questions & Answers

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 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...
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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 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 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 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 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...
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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 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 »

1 Answer | Asked in Child Support for Oklahoma on

Q: My step daughters father hasn’t paid child support in more than 16 years

My wife is considering taking the issue to a judge now that he is back in the child’s life. However she has read that if there is child support owed in excess of 10k the person can go to jail and we don’t want that for him(he finally has his life back on track) is there a way to do this without... Read more »

Doak Willis answered on Jul 29, 2019

Yes. An attorney can prepare the necessary paperwork to reduce the arrearage to Judgment and set up payments without requesting contempt proceedings.

1 Answer | Asked in Adoption, Child Custody and Child Support for Oklahoma on

Q: My fiancee has a 3 year old from a previous relationship and the father is not in his life at all and my fiancee has to

Pull teeth to get child support payments. Is there any way I can adopt him?

Melissa Oxford answered on Jul 27, 2019

First, in Oklahoma a step-parent adoption requires you be married to the child’s parent for one (1) year. Second, you have to meet the qualifications set out in the law, mainly dealing with criminal history. Third, If the child is over twelve (12), they would have to consent. If these... Read more »

1 Answer | Asked in Family Law and Child Support for Oklahoma on

Q: My father has gaurdianship of my children. How do i file for termination of gaurdianship?

Or request ammended parental plan ?

Doak Willis answered on Jul 23, 2019

If the conditions leading to the guardianship being filed and granted have been corrected where the guardianship is no longer needed then you must file a motion to terminate the guardianship setting forth the reasons its no longer needed and have an order for hearing signed by the Judge then those... Read more »

1 Answer | Asked in Child Support for Oklahoma on

Q: If my sons mother remarried, am I still obligated to pay child support? I’ve read that I’m not but I would like answers.

Pete David Louden answered on Jul 22, 2019

Yes. Her marital status would have no impact on child support.

1 Answer | Asked in Child Support for Oklahoma on

Q: I am trying to find out if it is legal to base child support payments on overtime hours when overtime isn't always avail

My husband pays 400 a month for one kid. He has 5 kids with me that are all his I don't work,child care would be too much. They determined his payments by how much he makes on his check stubs. You can clearly see he doesn't always get overtime and in the winter he sometimes doesn't even get 40... Read more »

Pete David Louden answered on Jul 17, 2019

The statutes state that support is based on all income which would include overtime.

He needs an attorney to help him with this. He may be able to credit for other biological kids that live in his home. Talk to an attorney before the new support order is filed!

1 Answer | Asked in Child Support for Oklahoma on

Q: Do I have to pay child support if I haven't seen my kid in 5 years cause the mom purposely kept her away from me.

Her second kids father told me that was his daughter now and threaten to beat me up so I just left them alone. Now put of the blue she is requesting child support even though she is engaged to this guy. I don't have any evidence of the other guys message or anything it was from 5 years ago

Pete David Louden answered on Jul 16, 2019

Visitation has nothing to do with child support. Support is still owed whether or not there has been visitation. You should consult with an attorney and see if a modification of support might help you. I wish you the best of luck.

4 Answers | Asked in Criminal Law, Family Law, Traffic Tickets and Child Support for Oklahoma on

Q: What can I do if I can't need an attorney but I lost my job/home I have criminal,family,traffic cases

I am homeless and jobless after a bad divorce and many alcohol and drug addiction problems. I need to find an attorney to help with the mountain of legal problems I have but have no way to pay for a good attorney and I don't know what to do because the longer I put these problems off the worse they... Read more »

Hans Otto Lehr answered on Jul 15, 2019

You may want to check into Legal Aid. They can occasionally help people in your situation.

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1 Answer | Asked in Child Support and Family Law for Oklahoma on

Q: Child support case

When I filed I wasn’t sure who the dad is. But I now know who the dad is. He is willing to sign the AOP and put his name on the birth certificate. If I tell child support I know who the father is will they change the case or will they need anything else?

Hans Otto Lehr answered on Jul 12, 2019

Depending on how old the child is, simply signing the AOP may be sufficient enough for DHS-CSS to start collecting child support from him. You may simply call them to see what else they need. In some situations, they may require genetic testing as well.

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on

Q: I'm Pro Se. What document do you file after a failed family court mediation? State is OK. Case has been open a year.

I filed a Motion to Modify Child Custody, Visitation and Child Support over a year ago in Oklahoma. The judge ordered us to attend mediation. We agreed on Child Custody and Visitation issues in mediation and signed our intent. My attorney at the time wrote up an order for the agreements in... Read more »

Doak Willis answered on Jul 12, 2019

Yes. A motion to settle along with an order for hearing that motion needs to be filed.

1 Answer | Asked in Child Support, Divorce, Family Law and Real Estate Law for Oklahoma on

Q: My parents divorced 20 years ago. Mother never sold house as directed. Now she is passing. What type attorney is needed?

Fathers estate has 3 people that are not on mothers. When mother passes there will questions regarding the property and whonis goes to. Only myself and sster are on both estates. Father only payed 18 months or mortgage before divorcing mother and died owing substantial childsupport. Would court... Read more »

Hans Otto Lehr answered on Jul 9, 2019

I would say that you need the services of an experienced family law practitioner licensed in the State of Oklahoma. That person should be able to handle most (if not all) of the issues that you're experiencing now.

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on

Q: My daughters dad is trying to keep her from me he does nothing for her doent provided for her. We have no court order?

He doesnt provided for her he doent pay the child support that he is order to pay

Doak Willis answered on Jun 27, 2019

You state there is no Court order yet you say he is ordered to pay child support. If that order came from the Child Support division and the child was born out of wedlock, you need to hire an attorney to file a paternity action or if married file a petition for dissolution of marriage and ask for... Read more »

1 Answer | Asked in Child Support for Oklahoma on

Q: Why would my interstate case take two years with so many petitions filed?

Pete David Louden answered on Jun 24, 2019

The only way to answer your question would be to review your file.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on

Q: So my wife has been committing adulterous activity in our marriage. Even before we separated, we are still married and

Now claiming the mans last name. What can be done if anything? I’m in Oklahoma.

Pete David Louden answered on Jun 21, 2019

You must decided whether or not you want to stay married to this person. If you do not wish to stay married, consult with an attorney about filing a divorce.

1 Answer | Asked in Child Support for Oklahoma on

Q: In the state of Oklahoma; if a child is not in school due to legal issues, does child support still need to be paid?

What happens if child support is being paid, and the child goes to prison at age 18? He is currently going through a trial and is not supposed to be around other children. By the time the trial ends he will be 18 and in 10th grade.

Melissa Oxford answered on Jun 17, 2019

Child support must be paid until the child turns 18, unless the child has not graduated from high school. If the child has not graduated high school the child support continues until the child has graduated high school or turns 20, whichever occurs first. Please keep in mind mentally and physically... Read more »

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