Oklahoma Child Support

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Every parent has the legal duty to take care of their children. The word 'duty' in this context indicates that every parent should pay for the children's upbringing. A child remains happy with both of the parents. Sometimes parents choose to split from one another. Even in this situation the child has the legal right to get support from both the parents. If the child resides with one parent, the non-custodial parent is ordered by the court to pay a fixed amount for the maintenance of the child. This is true for the state of Oklahoma also. Oklahoma divorce child support guidelines are used to determine the support amount. Each parent's gross income, health insurance of dependent and work and education related child care costs are taken into considering while computing the support amount.

Collection of Oklahoma Divorce Child Support

  • In Oklahoma, from 1994 onwards, income assignment is the method used to collect the support amount.
  • The court orders the employer of the obligor parent to disburse a section of his/her earnings for child maintenance amount.
  • The money so withheld by the employer is forwarded to the Centralized Support Registry in this state.
  • The Registry makes a record of this amount and then directs the money to the obligee parent.
  • The records of the payments in the Registry are an official record of support payments.

Services of CSE in Oklahoma Divorce Child Support

The Child Support Enforcement (CSE) offices provide the following services regarding this topic.

  • Location of the parents and addresses of their employers
  • Establishment of legal paternity
  • Establishment of medical support and child support orders
  • Enforcement of support amounts from divorced, separated or married parents
  • Modification of child support orders
  • Collection and distribution of support payments
  • Enforcement of health insurance, fixed ongoing child care costs, specific spousal support obligation that are due in conjunction with child support
  • The CSE offices can collaborate with other states as well as other nations regarding specific issues.

As per Part D of Title IV, the Federal Social Security Act, the lawyers of CSE can execute legal action for establishment or enforcement of support. However, it must be mentioned that these lawyers are representatives of the state and not any party. The services of these lawyers do not result in creation of a lawyer-client relationship where the client is the parent or guardian of the child.

In some cases, the child support payments are disbursed via the Oklahoma Centralized Support Registry. These are not open cases for the CSE Division. The CSE offices do not offer any services in these cases.

It may be understood that CSE offices do not have the authority to enforce alimony payments except when child support is also being enforced. Moreover, these offices are not authorized to establish or enforce custody or visitation rights. These services also exclude establishment of any judgment for non-reimbursed of child care costs or medical costs that are not included in the fixed monthly support amount.

Modification of Oklahoma Child Support

If there is a 'material alteration in circumstances', the court can alter a support order. The previous term indicates the following:

  • Increment or decrement in the income of the obligor parent
  • Increment or decrement in the income of the obligee parent
  • Alteration in the requirements of the child

If one of the parents remarries and this results in more or less expenses of the parent, these cannot become a cause for modification of support.

It may be noted that only future payments can be altered. Any retroactive modification is not possible.

Deviation from standard guidelines

Sometimes, the court is of the opinion that the support amount obtained from the guidelines is inappropriate, unreasonable, inequitable and unjust in the given conditions. Moreover, it is not in the best interests of the child. Then, the court is empowered to deviate from the guidelines. However, for approval of an agreed deviation, both the parents must be represented by lawyers.

Enforcement Measures

The Oklahoma Child Support Enforcement Division may take the following action if any non-custodial parent fails to disburse the specified support amount:

  • Denial of passport application
  • Sending report to credit bureaus
  • Liens on property
  • Contempt of court. It may be inclusive of imprisonment
  • Interception of federal and state tax refunds
  • Suspension of professional, occupational, hunting and driver's licenses
  • Inclusion in the enforcement division's Most Wanted list

Knowing the Oklahoma divorce child support laws will surely help divorced parents understand the nuances of the process clearly. You can take the assistance of a renowned attorney to learn specific details regarding your case.

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