Yes, in the state of Oklahoma, parents are allowed to waive or reduce child support under certain circumstances. However, a court must agree to any waiver or reduction in child support. In making their decision of whether or not to approve a waiver or reduction of the amount of past due child support agreed to by both parents, courts will always utilize the best interests of the child standard.
The general purpose of child support being ordered in Oklahoma is to ensure that both parents contribute financially to the well-being of their children. Child support itself is a court-determined periodic payment that is commonly ordered by a court when a child’s biological parents are separating or going through the divorce process.
The main purpose of child support is to provide for a child’s basic needs, including food, clothing, education, and medical care for the child that is the subject of the order. In Oklahoma, when calculating child support, the total amount of the child support will be based on various different factors.
These factors include the custody arrangement between the parents or custodians, the child’s best interests standard, each parent’s income, their financial obligations, and the number of children involved in the case.
Specifically, in Oklahoma, child support is calculated according to Title 43, Section 118 of the Oklahoma Statutes. Those guidelines provide an “Income Shares Model,” which estimates the amount of support that would have been available to the child if the parents were living together. The calculation mainly considers both parents’ gross incomes, the number of children, and other factors such as childcare costs, medical expenses, and any other relevant expenses.
It is important to note that child support will not always be ordered in every case. For example, if both parents agree to split custody of their child or children, there may not even be an initial child support order. This is because each parent will have the child fifty percent of the time and be liable for half of the child’s expenses.
When Is Child Support Ordered?
Child support in Oklahoma is ordered either during the Oklahoma divorce process or in a separate child support and custody case when two parents are going through a separation. In general, the parent who does not have primary physical custody of the child will be the parent who is ordered to make child support payments. This parent is known as the non-custodial parent.
Child support payments are most commonly made on a monthly basis. In Oklahoma, child support payments can be made in any of the following methods:
- SMART e-Pay: Payments can be made online using credit or debit cards or by transferring funds directly from a bank account
- Mail: Personal or business checks, money orders, and cashier’s checks can be mailed to the Oklahoma Centralized Support Registry
- MoneyGram: Payments can be made in cash at MoneyGram locations
- US Payments Kiosks: Over 150 kiosks statewide accept cash, check, debit, and credit card payments
- Pay-by-Phone: Payments can be made by phone using a bank account or debit/credit card
- BancFirst Walk-In: Cash payments can be made at any BancFirst location
- Electronic Wires: For international payments, funds can be wired in US dollars
How Is a Child Support Award Enforced?
In Oklahoma, child support enforcement is managed by Child Support Services (“CSS”), which is a division of the Oklahoma Department of Human Services (“OKDHS”). That agency is responsible for establishing, monitoring, and enforcing child support orders to ensure that children receive the financial support they need.
The CSS division and the court that issued the original support order may utilize various enforcement measures and tools to enforce child support payments, including:
- Wage Garnishment: The court can order the non-custodial parent’s employer to withhold child support payments directly from the obligor’s paycheck
- Tax Refund Interception: The state can intercept federal and state tax refunds to cover any unpaid child support
- License Suspension: The obligor’s driver’s license or other licenses can be suspended if child support payments are not made
- Liens on Property: Liens may be placed on the obligor’s property to secure payment of any overdue child support
- Contempt of Court: Non-payment of child support may also lead to contempt of court charges, which may result in fines or jail time
- Credit Reporting: Any unpaid child support can be reported to credit bureaus, affecting the obligor’s credit score
In other words, child support enforcement agencies in Oklahoma have a variety of different methods to collect child support on behalf of the custodial parent. These agencies may also collect interest on retroactive child support if the court orders them to do so.
How Can I Avoid a Child Support Increase?
In order to avoid an increase in child support in Oklahoma, you can take several steps as the parent who is obligated to make such payments, including:
- Maintaining a steady income. If you maintain a steady income and do not have a significant change in income, that will likely not trigger a review of your previous child support order
- You may also reach an agreement with the other parent that can help avoid an increase.
- In other words, if both parties agree to maintain the current support amount, you can present that joint agreement to the court for their approval
- Finally, you can keep track of all of your expenses and use that as evidence to demonstrate that a change in a previous child support order is not needed to provide for the child
How Can I Stop Paying Child Support?
There are multiple ways in Oklahoma that a parent may stop paying child support. In general, the process is as follows:
- Determine Eligibility: In Oklahoma, child support typically ends when the child turns 18 or graduates from high school, whichever is later.
- However, if the child is still in high school at 19, support continues until they graduate or turn 20, whichever comes first
- File a Motion: In order to terminate child support, you must file a motion that requests the termination of your child support obligation with the court that issued the original child support order
- Provide Documentation: In your motion, you should include any necessary documentation that supports your request, such as proof of the child’s age, graduation status, or other relevant evidence
- Attend a Hearing: The court may then schedule a hearing to review your motion to terminate your child support obligation
- Court Decision: The court will issue a decision based on the evidence and arguments presented in your motion and/or at the hearing, this decision will then terminate
There are other common ways in which child support may terminate in Oklahoma. For instance, if the parent who was obligated to make support payments now has primary custody of the child, they can petition the court to terminate their child support based on that change in custody.
Additionally, the parent that now has primary custody of the child may also petition the court to order the other parent to pay them support based on the child support guidelines. There are also many other reasons to close a child support case that a local attorney in Oklahoma can assist you with.
Do Child Support Payments End Automatically?
Yes, as mentioned above, in the state of Oklahoma, there are certain triggering events that will result in child support payments terminating automatically. Common scenarios in which child support may be terminated automatically include:
- The child reaching the age of majority, or graduates high school
- If the child becomes legally emancipated before turning 18, then child support obligations may be terminated
- If there is a change in custody and the paying parent gains physical custody of the child, they may no longer be required to pay child support
- If the parent paying support has their parental rights terminated, then their obligation to pay child support may also end
- Child support obligations also end if the child passes away or if the paying parent dies in certain circumstances
In other words, when the child is no longer considered a child, then the paying parent’s obligation to pay support will terminate. However, this does not mean that past-due child support will be dismissed. The parent that owes past-due child support will still have to deal with their arrears.
How to Get Child Support Arrears Dismissed
In order to get child support arrears dismissed in Oklahoma, a motion to dismiss child support arrears must be filed by the party that has arrears. Like terminating child support, this motion must be filed with the court that issued the original child support order.
It is important to note that this motion will need to provide evidence as to why some or all of your arrears should be discharged. In general, a request for a reduction in arrears must be based on the income and assets of the party seeking the debt reduction or an agreement they reached with the other party.
It is important to note that arrears will not automatically be dismissed when a person’s child support obligation ends. As such, interest may still continue to accrue on any past-due support.
You may also contact the Child Support Services division of the Oklahoma Department of Human Services to inquire about any arrears management programs that might be available in your case.
Do I Need a Lawyer for Help with Terminating Child Support?
If you are having any issues related to terminating, modifying, enforcing, or obtaining child support in Oklahoma, then it is in your best interests to consult an experienced Oklahoma child support lawyer. LegalMatch can assist you in locating and setting up a consultation with an experienced child support attorney near you.
A lawyer will be able to help you determine whether or not you are eligible to stop child support based on the particulars of your case. Additionally, they can also help you determine if you are eligible to have any of your child support arrears reduced or discharged, if applicable. Finally, a child support attorney can also represent you in court, as needed.
