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Oklahoma Child Support Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Can I terminate my child’s father parental rights ?

I filed divorce decree When we lived in another state and got a default sole custody in 2012 (child was less than year old) , we’ve been living in Oklahoma since 2014. Father has never contacted or had anything to do with child since before filed divorce. My child is now 8 yrs old and doesn’t... Read more »

Pete David Louden
Pete David Louden answered on Feb 16, 2020

No. 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.

If you ever get married again and your husband wants to adopt the child the child may be eligible for...
Read more »

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1 Answer | Asked in Child Support for Oklahoma on
Q: I gave up my pernal right to my kids and cleaven country is still trying to get child support from me
Brian Boeheim
Brian Boeheim answered on Feb 15, 2020

Giving up your parental rights or having them terminated by the court does not remove your obligation to provide child support. That only changes if the child is adopted.

1 Answer | Asked in Child Support for Oklahoma on
Q: Never married, had a kid and we broke up. Will the state of Oklahoma make him pay child support without me filing for iT

He feels like he doesn’t have to pay because he has the child every 2 weeks.

Brian Boeheim
Brian Boeheim answered on Feb 9, 2020

There are two things that will bring child support into play. The first is whether a paternity case is filed. The other issue is if the child is being provided State services such as SoonerCare. There are a lot of reasons Paternity should be established and a set visitation and child support... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Oklahoma on
Q: Is there a way to terminate rights of a non custodial parent who pays child support through garnishment?

He has not seen the kids regularly since july 2014. He saw them once in June 2015 and once in July 2016. I have been told that because he “pays” child support even if it’s because he is garnished I can’t take his rights away. I am remarried and my husband wants to adopt them

Brian Boeheim
Brian Boeheim answered on Feb 9, 2020

What you were told is not exactly true. The statute states that a child may adopted without consent if the non-custodial parent has not provided financial support in 12 or the past 14 months ... OR ... has not made reasonable effort in the past 12 of the previous 14 months to establish or maintain... Read more »

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: If your in a custody battle and you find out there was a case on your child for being malested but it’s sealed

How can you get that on the judges desk?

Pete David Louden
Pete David Louden answered on Jan 30, 2020

If these are records concerning a child that is the subject of the custody case, talk to your attorney about getting an order from the court for the sealed records.

1 Answer | Asked in Child Support for Oklahoma on
Q: When does the back child support go to the child? I'm 24 and I'm not in school and I'm not living with my mom.

How do I go about getting it to go directly to me?

Pete David Louden
Pete David Louden answered on Jan 26, 2020

Child support and back child support go to the custodial parent, not the child.

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... 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 »

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