Understanding Child Support Arrears in OKC
Child support arrears can have significant consequences for the paying and receiving parties in Oklahoma City. When a parent fails to make timely child support payments, it can lead to legal and financial issues. The Oklahoma Department of Human Services (DHS) enforces child support orders and can take various actions against non-compliant parents.
Wage garnishment is one of the most severe consequences of falling behind on child support payments. The Oklahoma Department of Human Services (DHS) can withhold a portion of the non-compliant parent’s wages to cover the overdue payments. This is just the beginning. The state can intercept federal and state tax refunds, place liens on property, and suspend driver’s and professional licenses. These actions are not to be taken lightly, underlining the urgency of addressing child support arrears.
Moreover, accruing child support arrears can damage credit scores, making it difficult for the delinquent parent to secure loans or other financial assistance. In severe cases, continued non-payment can result in contempt of court charges, leading to potential jail time.
Parents facing difficulties meeting their child support obligations must seek legal assistance promptly. Legal counsel can help negotiate payment plans or modifications to the child support order based on changes in circumstances, ensuring compliance with state laws and protecting parental rights.
Legal Framework Governing Child Support Arrears in Oklahoma
Under Oklahoma law, any unpaid child support installment becomes a judgment by operation of law once it is past due. This means that the owed amount gains the full force and effect of any other judgment in the state, enabling enforcement through various legal methods. According to Okla. Stat. tit. 43, § 137, judgments for past due child support are enforceable as follows:
- Enforcement of Judgments: Past-due child support can be enforced using any method available to collect money judgments. This includes wage garnishment, tax refund interception, and placing liens on property.
- Full Faith and Credit: Child support judgments are entitled to full faith and credit in Oklahoma and any other state, ensuring they are recognized and enforceable across state lines.
- Non-Dormancy of Judgments: Child support judgments do not become dormant except that they cease to be a lien on real property five years after being recorded unless extended by state law. These judgments remain enforceable until paid in full.
Enforcement Through Contempt Proceedings: If a parent willfully disobeys a child support order, it may be enforced through indirect civil contempt proceedings. This enforcement mechanism remains available even after the support payment becomes a judgment. - Arrearage Payment Schedule: Courts or administrative orders can set an arrearage payment schedule not exceeding three years unless it would be unjust or not in the child’s best interests. If a more extended schedule is necessary, the court must provide specific findings of fact to support this decision.
These legal provisions ensure that child support obligations are rigorously enforced in Oklahoma, providing stability and support for children. If you face challenges with child support arrears, seeking legal advice to understand your rights and obligations under state law is essential. The Wirth Law Office – Oklahoma City can provide legal support to navigate these complex issues.
Potential Criminal Charges for Failing to Pay Child Support in OKC
Failing to pay child support in Oklahoma City can quickly escalate from financial to legal problems. According to Oklahoma law, non-payment of child support can result in severe consequences, including criminal charges. Okla. Stat. tit. 21, § 852. If child support remains unpaid for a year or the arrears exceed $5,000, the non-compliant parent may face felony charges. This can lead to up to four years in the Department of Corrections (DOC) and a $5,000 fine.
The law covers unpaid child support and any unmet medical obligations, shelter, food, and care specified in the child support order. Non-compliance with these requirements can also result in felony charges. Even if the unpaid amount is less than $5,000 or the non-payment duration is less than a year, the offense can still be classified as a misdemeanor. However, given how quickly child support arrears can accumulate, reaching the $5,000 threshold can happen relatively fast.
Defending against criminal charges for failing to pay child support involves navigating a complex legal landscape. Unlike standard child support cases, these criminal actions are prosecuted by state attorneys who may not consider your financial situation. They often focus on securing a felony conviction, which can have long-lasting repercussions, affecting your employment and personal freedoms.
Take Action to Address Child Support Issues Today
If you are facing challenges with child support arrears or potential criminal charges for non-payment, it is essential to act quickly to protect your rights and future. The Wirth Law Office – Oklahoma City legal team provides expert guidance and representation to address these issues effectively.
Our experienced OKC child support lawyers can assist you in negotiating payment plans, modifying child support orders, and defending against criminal charges. We are committed to navigating the complexities of Oklahoma’s child support laws to achieve the best possible outcomes for our clients.
Don’t let child support issues escalate into major legal problems. Contact Wirth Law Office – Oklahoma City for a confidential consultation today. Call (405) 888-5400 or send us a written inquiry using the form on our website. Take the first step towards resolving your child support matters with the support of a knowledgeable and dedicated legal team.
