Child Support is a Legal Obligation
In Oklahoma, all parents are required to provide support for their children until the child turns 18 years of age, in most cases. When parents are married, that obligation is often taken for granted. But when parents divorce, if there are children of the marriage, the court will order child support as part of the divorce proceeding. Once child support orders are in place, the paying parent has a continuing monthly obligation to pay child support. When a parent falls behind, there are options for collecting delinquent child support. A Tulsa child support attorney can help you explore those options.
Falling Behind on Child Support Payments
Falling behind on child support payments can be a serious matter for everyone involved. For the delinquent parent, the obligation continues to affect their financial life until it is paid in full. For the parent to whom the obligation is owed, the delinquency means that they must try to make up the shortfall or suffer from its consequences. The child could also be affected with less food, fewer new clothes, and a decrease in their standard of living.
Collecting Delinquent Child Support
Oklahoma uses wage garnishment as a common mechanism to collect delinquent child support payments. That means that a portion of the delinquent amount is added to the regular monthly child support and then subtracted from the paying parent’s wages until the delinquency is paid off.
Sometimes, this is called an income assignment. It is handled by the Oklahoma Department of Human Services (DHS) when a parent is collecting public assistance payments. In that case, the DHS will handle the wage garnishment and will subtract public assistance amounts received from the amount collected. The remainder goes to the other parents and to the child.
When a parent is not receiving any type of public assistance payments, DHS will not handle the wage garnishment. In that case, a parent must work with a private attorney to get the money they deserve.
Sometimes, the matter is referred to the local District Attorney’s office. When this happens, the non-paying parent can be arrested and held in contempt of court for their failure to pay. This prospect is unpleasant enough that it often causes a parent to pay the obligation.
There are also other tools available. An attorney or the DHS may collect delinquent amounts from tax returns, a levy against bank accounts, and a lien against real and personal property. In addition, professional and state licenses may be denied or suspended, including a driver’s license. Finally, federal passports can be denied.
Child Support is Enforceable Even When a Parent Moves Out of State
A parent may try to escape child support payments by moving to another state. However, Oklahoma has adopted the Uniform Interstate Family Support Act (UIFAS), making child support payment orders apply across state lines. Moving to another state will not erase that obligation.
Collecting delinquent child support payments can be surprisingly complicated. Get help today from a Tulsa family law attorney.
Initial Strategy Session with a Tulsa Child Support Attorney
You need to know what will work best for your particular circumstances. Contact the attorneys at Seventh Street Tulsa Law Firm for a initial, confidential consultation. Call today at (918) 932-2777. We’ve also provided a form on the right side of this page where you may send your question or inquiry and receive an email reply.