Stillwater Child Support Attorney
Family Law Representation Throughout Payne County and Oklahoma State
Free Legal Consultation
Stillwater Child Support Attorney
Family Law Representation Throughout Payne County and Oklahoma State
Pursuant to Oklahoma law, all noncustodial parents have a legal obligation to provide financial support for their children, regardless of whether or not those children were born out of a marriage. This means that custodial parents are entitled to receive child support from the noncustodial parent regardless of whether the couple was married.
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This fundamental misunderstanding of the child support system results in frequent injustices to both the custodial and noncustodial parent. A noncustodial parent may find themselves paying too much child support, while a custodial parent may find that they are entitled to higher monthly payments or additional child support benefits given their circumstance.
An experienced and compassionate Stillwater child support attorney will help you gain a clear understanding all of the factors and circumstances to be considered in order to ensure that your children receive all of the necessary child support benefits to which they are entitled, assuring them their best possible standard of living.
Too many hard working people make the mistake of hiring attorneys that are either inexperienced in child support matters, or purely financially driven, sending their clients exorbitant bills, which never seem to end as they drag their client’s case out month after month.
Our office is different in that we blend experience, compassion, and hard work with a grounded concern for our client and his or her family’s long-term wellbeing. We believe that going through a divorce or custody battle is hard enough in itself, and that no one deserves to be raked over the coals at a time when they are particularly emotionally vulnerable. Rather, they deserve an advocate that is not only experienced, aggressive, and competent, but one that is also empathetic to their emotional and financial circumstances as well.
Here are some of the topics our office regularly addresses as we strive to assist our clients:
Amount of Child Support Owed
The amount of child support owed under Oklahoma’s Guidelines varies in every case, meaning no two cases are ever the same. Some of the primary variables taken into consideration include the gross monthly income of each parent, the number of children to be supported, the number of nights per year each child resides with each parent, the monthly expenses related to health insurance and child care, and the number of other children residing with each parent who are not the subject of this child support action.
Additionally, apart from the Guidelines, courts are granted great discretion to factor other benefits and expenses into the formula such as health insurance, daycare, private school tuition, as well as other costs relating to the child’s extracurricular activities.
Each of the considered factors impacts the total amount of monthly child support owed differently. And while some of these variables may be relatively easy to compute, others are not. For example, the calculation of a party’s gross monthly income can be challenging or problematic in situations where that parent is self-employed or works on a commission basis. In these cases, income amounts are likely to fluctuate from month to month.
Our office understands how confusing some of these factors can be and we are skilled in answering all of your questions and navigating you through the confusion to get the best possible outcome for you and your children. Call an experienced Stillwater child support attorney at Murray Law Firm today so that we can help you compute the correct and accurate amount of child support that you should be paying or receiving.
Unhappy with the Amount of Support
A common scenario occurs when the parties reach an agreement among themselves as to the amount of child support owed. In such cases courts will generally approve the agreement, however if the amount deviates from the amount established by Oklahoma’s Guidelines, the court must deem the agreed amount to be “in the best interest” of the child. Courts will strike down all such agreements that appear unreasonable and inequitable, and do not approve such agreements unless each party is represented by an attorney.
We would strongly urge you to contact a dedicated Stillwater child support attorney at our firm if you and your partner are planning to submit to an agreed amount of child support that deviates from the Guidelines so that we may assist you so in getting your proposed child support payment structure may approved by the courts.
Modifying an Agreement
A prior child support order may be modified or amended if the moving party is able to demonstrate to the Court that there exists “material change in circumstances” between the parties since the entry of the existing child support order. Some circumstances that constitute a “material change in circumstances” include an increase or decrease in either party’s gross income, or a change in the children’s needs.
As child support in Oklahoma is predicated upon income, rather than expenses, a parent’s claim of increased expenses will seldom entitle them to a modification of a prior child support Order. Additionally, it is important to note that child support orders may only be amended prospectively and not retroactively, meaning that it is important for a party seeking a modification to do so as soon as reasonably possible.
If you have experienced a material change in your circumstances since the entry of your standing child support order that is leading to a possible overpayment or underpayment in child support, call an experienced Stillwater child support attorney at Murray Law Firm today so that we can help you establish the correct child support payment in light of your altered circumstances. It is important that you do not wait because courts cannot retroactively apply the new adjusted amount that you should be paying or receiving.
When Do Child Support Obligations Cease In Oklahoma?
Under 43 O.S. § 112(E), a child support obligation ceases when the child turns 18 years old, unless the child is still enrolled full-time in high school. In that case, support automatically continues until the child graduates or turns 20, whichever comes first — no separate court hearing or additional order is required to trigger this extension. Oklahoma does not require parents to pay child support through college.
In situations where child support is owed for more than one child, the obligation for the other children likely changes. A party must petition the Court for a modification for the support owed to the remaining children. When the obligation to pay child support cease, child support is no longer owed to the custodial party unless there exists an arrearage for past due support.
Call us today to speak with an experienced Stillwater child support attorney if you believe that the amount of child support should be adjusted to reflect a change that has occurred as a result of a ceased child support obligation.
Enforcing Child Support Payments
One of the most common questions we are asked is how to enforce a child support order when the other party is habitually delinquent or refuses to make payments all together.
The primary means of enforcing an award for child support are through wage assignment or wage garnishment. In such situations, the amount of child support owed is automatically deducted from the obligor’s paycheck and forwarded by the state to the custodial parent.
However, wage assignments and garnishments can become tricky if the owing party is self-employed or jumps from job to job, or if he or she has a noncompliant employer. Two of the more extreme measures to compel payment are contempt of court proceedings and license revocations.
With regard to holding the obligor in contempt of court, the custodial parent can petition the court for a contempt order finding that the owing party is in violation of the existing child support order. Upon a showing that the obligated party knowingly and willfully failed to comply with the existing child support order, the non-paying party may be held in contempt of court and the judge may sentence that party to up to six months in jail and subject them to fines as well.
Another tool a court has at its disposal is the revocation of any state licenses held by the non-paying party, including professional licenses and drivers’ licenses, upon a petition filed by the custodial parent.
If you are having trouble enforcing an existing child support order, call us for a consultation today so that we may take immediate steps to see that your child support order is enforced and that your child or children receive the financial support to which they are entitled under the law.
Frequently Asked Child Support Questions
How is child support calculated in Oklahoma?
Child support in Oklahoma is calculated using the Oklahoma Child Support Guidelines Calculator, based on a formula that considers both parents’ adjusted gross income, the number of children, the number of overnight periods each parent has with the child, and other factors such as health insurance costs, extraordinary medical expenses, and childcare costs. Those figures are entered into the calculator, which produces the monthly amount a parent is obligated to pay. An experienced attorney can help you understand what factors will go into calculating your specific adjusted gross income.
What happens if a parent doesn’t pay child support?
A parent who fails to pay child support can face serious legal consequences. Enforcement actions can include income withholding from their wages, suspension of their driver’s or professional license, contempt of court charges that could lead to jail time, seizure of assets, and interception of tax refunds. If the other parent is court-ordered to pay and isn’t, an attorney can help you file an application for contempt; the case is then resolved either by the non-paying parent bringing their payments current or by a judge ruling after trial, which can include jail time for noncompliance.
Can I waive the right to child support in Oklahoma?
It depends. The court must find that waiving child support serves the best interest of the child, given the financial resources of both parents and the financial needs of the child. This applies whether you’re the parent who would pay or the parent who would receive support. An experienced attorney can help assess whether a waiver is realistic in your specific situation.
How are extracurricular activities handled after divorce?
Extracurricular activities can add up quickly, so it’s important to account for these costs in your divorce decree or joint custody plan. Addressing this upfront helps avoid disputes later over who is responsible for what portion of these expenses. An attorney can help make sure this is properly addressed in your divorce action.
Can I collect child support if my child’s other parent lives out of state?
Yes. Federal and state laws provide for uniform collection of child support orders across state lines, so a parent’s out-of-state residence does not prevent you from receiving court-ordered child support. An experienced attorney can help make sure interstate enforcement mechanisms are properly used in your case.
How do I modify a child support order?
If your circumstances have materially changed, such as a custody change or a significant shift in either parent’s income, an attorney can file a motion to modify your existing child support order. Modifications can only be applied prospectively, not retroactively, so it’s important to file as soon as the change in circumstances occurs.
When does child support end?
Under 43 O.S. § 112(E), Oklahoma law requires child support to be paid until the child turns 18, or, if the child is still enrolled full-time in high school, support automatically continues until the child graduates or turns 20, whichever occurs first. No separate court hearing or order is needed to trigger this extension. Oklahoma does not require parents to pay child support through college.
Do I have to pay child support if my child refuses to see me?
Yes. Child support and visitation are treated as two separate, mutually exclusive obligations under Oklahoma law. You cannot stop paying child support because you aren’t receiving court-ordered visitation, and doing so can result in a contempt finding. If you aren’t receiving the visitation you’re entitled to, the appropriate remedy is to have your attorney file a motion to enforce your visitation rights, while continuing to stay current on your support obligation.
Contact An Experienced Stillwater Child Support Attorney for a Free Consultation
If you have a child support question or an issue that has arisen in an existing child support case, whether you are the custodial or noncustodial parent, or if you are contemplating a divorce or separation and beginning a new case, do not hesitate to contact a dedicated Stillwater child support attorney at our office today.
We are hardworking compassionate attorneys that center our practice upon child support issues and domestic relations. You will find highly competent and sympathetic attorneys eager to assist you with your child support or domestic relations case every step of the way to ensure the best possible outcome for you and your children. Call today!
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Murray Law Firm assists people with legal matters in the following locations: Guthrie, Kay County, Lincoln County, Logan County, Noble County, Pawnee County, Pawnee, Payne County, Perry, Ponca City, Cushing, Perkins, and Yale.