Legal Tools to Guarantee Child Support Compliance
Child support is crucial for ensuring that children receive the financial support they need from both parents, even after a separation or divorce. However, when a parent fails to meet their child support obligations, it can significantly strain the custodial parent and the child’s well-being. In Oklahoma City, several legal options are available for enforcing child support orders and collecting overdue payments. If you need help enforcing a child support order, a skilled Oklahoma City child support collection attorney can help you explore your options.
Child Support Orders in Oklahoma
In Oklahoma, child support is determined using guidelines that consider both parents’ incomes, the number of children they must support, and the amount of time they spend with each parent. The legal requirement for both parents to help their children until the age of majority, which is 18 years old in Oklahoma, is a critical factor in determining child support orders. Okla. Stat. tit. 43 § 112. If circumstances change, either parent may petition the court to modify the child support order.
Enforcing Child Support Orders
Several methods are available for child support collection in Oklahoma City when a parent fails to make child support payments. These include:
- Income assignment and wage garnishment: The most common method of collecting child support is through income assignment or wage garnishment, where the non-custodial parent’s income is garnished to collect the support obligation. Okla. Stat. tit. 12 § 1171.2.
- Contempt of court proceedings: If the non-custodial parent disobeys the court’s order to pay child support, they may be held in contempt of court. This can result in fines and jail time to encourage payment. Civil contempt is the most common, but severe delinquency may lead to criminal contempt charges.
- Liens on property: The Oklahoma Department of Human Services (DHS) may place liens on the non-custodial parent’s property to secure overdue child support payments.
- Suspension of licenses: The state may suspend the non-custodial parent’s driver’s, professional, or recreational license for non-payment of support. Okla. Stat. tit. 43 § 139.1.
- Interception of tax refunds and government payments: DHS can intercept federal and state income tax refunds and use the money to pay child support obligations.
- Criminal charges for non-payment: In severe cases, non-payment of child support may result in criminal charges. Okla. Stat. tit. 21 § 852.
These enforcement methods encourage non-custodial parents to fulfill their child support obligations and ensure children receive the financial support they need. By working with the Oklahoma Department of Human Services or seeking the assistance of an experienced Oklahoma City family law attorney, custodial parents can navigate the legal process and pursue the most effective means of enforcing child support orders and collecting overdue payments. It is essential to remember that each case is unique, and the appropriate enforcement method may depend on the specific circumstances of the non-custodial parent and the extent of their delinquency.
Enforcing Child Support Across State Lines
Oklahoma has adopted the Uniform Interstate Family Support Act (UIFSA), meaning child support orders can be enforced even if the non-custodial parent moves to another state. Various tools, such as wage garnishment, tax refund interception, and license suspension, are available to enforce child support orders across state lines.
Working with an Oklahoma City Child Custody Attorney
Enforcing child support orders can be a complex process, and it is essential to seek the advice of an experienced Oklahoma City family law attorney. A family law attorney can help navigate the legal system, determine the best course of action for enforcing child support orders, and provide representation in court if necessary. Private attorneys can also handle wage garnishment on behalf of the custodial parent.
An Oklahoma City family law attorney will work closely with the custodial parent to understand their unique situation and develop a tailored strategy for enforcing the child support order. This may involve filing motions with the court, representing the custodial parent in contempt proceedings, or coordinating with the Oklahoma Department of Human Services to initiate wage garnishment or other enforcement actions.
To strengthen the enforcement case, the attorney will also help gather necessary documentation, such as proof of non-payment or the non-custodial parent’s employment information. Additionally, a family law attorney can help the custodial parent understand their rights, communicate effectively with the non-custodial parent or their legal representation, and navigate any complexities that may arise during the enforcement process. By having an experienced advocate, custodial parents can feel more confident in securing the child support payments their children deserve.
Consult with an Oklahoma City Child Custody Lawyer Today
If you are struggling to collect child support payments in Oklahoma City, it is crucial to take action to enforce the child support order. The experienced family law attorneys at Wirth Law Office – Oklahoma City can provide the legal guidance and representation you need to ensure your child receives the financial support they deserve. Call us today at (405) 888-5400 to schedule a confidential consultation with an Oklahoma City family law lawyer who can help you navigate the child support enforcement process.