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    Divorce of Tulsa Law Office

    Child Support

    Tulsa child supportParents are legally obligated to support their children in Oklahoma. Thus, children have a legal right to benefit from Tulsa child support. (Okla. Stat. tit. 43 § 139)

    In a divorce proceeding that involves children, the court will make Tulsa child support orders. Judges make these orders after careful consideration of the parents’ incomes and the needs of the children involved.

    The court also takes into consideration other factors such as the number of other children involved, any debts that may exist, and other financial matters as may be relevant.

    But situations change, and not always for the better. Parents can lose their jobs, become disabled, have health crises, or experience other things that may drastically alter their ability to support their children.

    There are things that you can do if you cannot pay Tulsa child support. Ignoring the problem, however, can make the problem much worse.

    Tulsa Child Support Orders are Enforceable

    Once the court has issued an order for support, you need to know that the court has ways of enforcing that order if you fail to pay the support that is ordered. There are consequences, including jail time. The court has a number of tools at its disposal for those who do not pay ordered child support, including possible contempt charges.

    If you fail to obey the court’s order to pay support, you could be found in contempt of court. And if found in contempt, you could face jail time.

    If you are served with a notice to appear at a contempt hearing (a civil contempt citation), do not ignore it. Instead, hire an experienced Tulsa child support attorney to appear with you in court. Your attorney can help you explain your situation to the judge and to work out an agreement with the court regarding the back support owed.

    In that case, the court is less likely to order jail time, and more likely to issue a suspended sentence or deferred judgment. This allows you time and motivation to comply with the court’s previous order.

    Possible Penalties

    An ongoing refusal to comply with a Tulsa child support order can lead to civil contempt or felony criminal charges, leading to jail time of up to six months and/or a fine of up to $500. (Okla. Stat. tit. 21 § 566.1)

    Thus, it is always better to deal with this sooner rather than later.

    If the inability to pay is based on a change in financial circumstances, once you have arranged to pay the back support owed, work with your attorney to file a petition for modification of the existing Tulsa child support order. This will not affect the back support owed, but it can change the amount of future support owed.

    Low-cost Initial Consultation: Tulsa Child Support Attorney

    Your choice of an Oklahoma divorce attorney is critical, especially regarding any issues about child support in Tulsa. Before you retain our family law attorneys, you are invited to have a initial, confidential, no-obligation consultation to help you determine whether our family law services can meet your particular needs.

    For a initial consultation with a Tulsa child support attorney about your concerns, call the Divorce Law Office of Tulsa today at 918-924-5526.

    child support in TulsaIf your divorce in Tulsa, Oklahoma is like many, by the time the divorce papers are filed with the court, parents have already started to create two separate households. Usually one parent has moved out of the family home, and the entire family is trying to adjust to rapid changes in circumstances. Parents are trying to come to terms with the practical, financial, and emotional consequences of a divorce.

    It would be unfair to everyone involved to wait until a divorce is final for a court to issue orders for child support and custody. Thus, you do not have to wait until your divorce is final to get child support in Tulsa.

    Temporary Orders for Child Support in Tulsa

    It can take many months to obtain a final divorce decree. Therefore, a court can and does issue temporary orders for all issues regarding the divorce, including custody, visitation, and support. (Okla. Stat. tit. 43 § 110)

    The petition filed must request the temporary order for all pertinent matters, including child support in Tulsa.

    How Does the Court Determine Child Support Amounts?

    Oklahoma uses child support guidelines and a support schedule that creates a presumption of the amount needed for support. (Okla. Stat. tit. 43 §§ 118, 119) The court then looks at the income of both parents and the number of children needing child support in Tulsa. (Okla. Stat. tit. 43 § 119)

    The parents’ income is then adjusted by other obligations that a parent may have, such as continued payment of medical and dental insurance for the child, payment of support for other children outside the marriage, and monthly day care expenses.

    This number may then be adjusted according to the time that the child or children lives with each parent. Shared parenting time refers to the division of time that each parent takes care of a child. This necessarily affects the amount of child support ordered by the court, whether on a temporary or long-term basis.

    When a child spends more time with a parent, that parent by necessity pays for more of the child’s needs, from food and shelter to clothing and school supplies.

    These can be complicated figures to try to ascertain. Also, while a temporary support order remains a temporary matter, once in place, they tend to be somewhat persuasive to the court regarding more permanent orders. Thus, it is always a good idea to discuss your family law issues with a qualified attorney.

    Low-cost Initial Consultation: Tulsa Child Support Attorney

    Your choice of an Oklahoma divorce attorney is critical, especially regarding any issues about child support in Tulsa. Before you retain our family law attorneys, you are invited to have a initial, confidential, no-obligation consultation to help you determine whether our family law services can meet your particular needs.

    For a initial consultation with a Tulsa child support attorney about your concerns, call the Divorce Law Office of Tulsa today at 918-924-5526.

    paternity test in OklahomaIn some cases, it may be necessary to have a man take a paternity test in Oklahoma before a child is born. There are many reasons for paternity testing in Tulsa.

    For example, sometimes single biological parents do not stay together through the child birthing process and beyond. Sometimes, a mother may not be sure who the father of her child is.

    In either event, it may be necessary for the birth mother to establish paternity in order to establish legal rights to support, custody, visitation, and the child’s legal last name.

    Establishing Paternity in the Tulsa Area

    We all know that it is important to establish paternity. But what is it and why is it important? Paternity can be defined as the quality or state of being a father.

    Although most often it is the mother seeking a paternity test in Oklahoma, sometimes it is the father or the child who seeks to establish paternity. With DNA testing, it is easier than ever to deal with the scientific portion of the process. But what about the legalities of the process?

    Oklahoma is one of the states that has a simple process in place, if the father is willing. In Tulsa, if the father is willing to sign an Acknowledgement of Paternity, that solves the issue. If the father is unwilling to sign the Acknowledgement, the process is more complicated.

    FAQ: Compelling a Paternity Test in Oklahoma

    A paternity action is a petition before the court to establish the biological father and to establish legal rights for all the parties involved. A request for DNA testing is usually a component of this action. In some ways, this kind of petition resembles a civil action.

    The mother is the complainant or petitioner before the court. She must arrange service of process of the petition upon the father.

    Once that is done, discovery can commence and a paternity test in Oklahoma can be ordered. Discovery is a process of exploring the facts and evidence that support the petition or that might support a defense to the petition, if the man served is actually not the father of the child.

    It is during this process that DNA testing usually occurs. All of this can be done before the child is born. (Okla. Stat. tit. 10 § 7700-611)

    Paternity rights will not be established, however, until after the child is born.

    Low-cost Initial Consultation: Tulsa Paternity Specialist Attorney

    For a low-cost consultation about establishing paternity for your child in the Tulsa area, call a Tulsa paternity determination attorney at the Divorce Law Office of Tulsa today at 918-924-5526.

    Oklahoma child supportIn Oklahoma child support payments are a legal and moral obligation. It is enforceable in every state. Tulsa takes this obligation seriously.

    What if My Ex Refuses to Pay Oklahoma Child Support?

    Sometimes parents fall behind on their Oklahoma child support obligations. It happens for varying reasons.

    A parent can lose a job, or run into unexpected expenses. In a case like that, it is always best to communicate via text or email with your ex about the situation to see if you can remedy the problem.

    However, if your ex refuses to comply with his court-ordered Oklahoma child support payments, you may have a bigger problem. The good news is there are solutions.

    Getting the Government to Step In

    For the most part, Oklahoma handles support payments using a wage assignment. That means that if your ex is employed, his employer may be withholding the support from his paycheck.

    If you elected to use this procedure during your divorce proceeding, the Centralized Child Support Registry may be able to help enforce payments. (Okla. Stat. tit. 43 § 413; Okla. Stat. tit. 43 § 237) The Registry can act like a collection agency.

    However, the custodial parent (or their attorney) may have to handle the necessary paperwork and serve the correct employer. You can also request that the Registry help track down the parent if the non-paying parent disappears. It can also help with enforcement. It is legally entitled to help you get certain types of relief against the non-paying parent.

    But, like all government agencies, relief can sometimes only come slowly. Agency workers have large caseloads. Most custodial parents bear a heavy burden financially, and they may not have the time or financial resources to wait.

    Additional Options

    A lien against property allows the state or the parent seeking relief to make the non-paying parent sell whatever property the lien is filed against in order to pay the Oklahoma child support arrearages. This often takes some time, investigation, and paperwork.

    You can seek the revocation of the non-paying parent’s driver’s license or other business or professional licenses. (Okla. Stat. tit. 43 § 139.1) This often makes the non-paying parent uncomfortable enough to make the required Oklahoma child support payments.

    Child support acts as an automatic judgment against the non-custodial parent. If the parent continues not to pay, any arrearages are simply added to the judgment.

    The custodial parent can file a contempt of court action against the non-paying parent. Punishments can be in the form of fines, attorneys’ fees, and jail. However, because this rarely solves the problem of paying arrearages, it is a solution of last resort.

    Low-cost Initial Consultation: Tulsa Child Support Lawyer

    When a parent refuses to meet Oklahoma child support obligations, you may feel as though you have limited options. However, an experienced Tulsa child support attorney can help bring relief.

    A no-cost initial consultation can help you decide whether the Divorce Law Office of Tulsa can provide the best Tulsa child support lawyer for your family law matter. For a low-cost confidential consultation, call now: 918-924-5526.

    paternity in OklahomaBringing a child into the world is a time of great changes for parents. Some of these changes may be joyous, others anxiety-provoking. Not having clear and legal lines of paternity can produce significant anxiety in either parent.

    A petition to establish paternity in Oklahoma is one way to resolve the issue of the identity of an unborn child’s father. The biological mother may bring such an action, but so may the biological father or the presumptive father (i.e.: the mother’s husband or partner.) In fact, once the child is born, the child may also petition the court to establish paternity in Oklahoma.

    There are many reasons why such a petition can and should be filed in Tulsa. And there are good reasons to do it prior to the birth of the child.

    Reasons to File a Petition Before Birth

    Issues of custody, support, visitation can all be ruled upon once paternity is established. Filing the petition provides a basis for the court to order DNA testing to establish who the father is. The paternity issue cannot however, be finalized until after the birth of the child. So why file before the child is born?

    People move. Memories fade over time. As part of the petition process, the parties can engage in discovery. Discovery is a process that allows the parties to delve into the facts and evidence that might support the claim. It allows not only DNA testing to be ordered, but also allow parties and witnesses to be deposed.

    A deposition is testimony taken in an informal setting, but it has the same force and effect as testimony given in a courtroom. This allows the parties to question each other. It also allows the parties to question others who might support the paternity claim or have a clear defense to the claim.

    Filing a paternity in Oklahoma claim also lays the groundwork for early resolution of custody, support, and visitation issues. These issues can be full of anxiety for new parents and filing early can alleviate this stress early, leaving time and emotional space to bond with the child once it is born.

    FAQ: Petition to Establish Paternity in Oklahoma

    In some ways, a petition to establish paternity in Oklahoma is like filing a Tulsa civil litigation action. The petitioner files a claim with the court and then serves the responding party with the papers. The responding party can then file responding papers, and the discovery process, including DNA testing, can begin. (Okla. Stat. tit. 10 § 7700-611)

    If the father is not available for testing, the biological mother may be able to have the court order testing of the father’s immediate relatives. Without their consent, you need a court order to obtain DNA testing of these relatives.

    Responding to the petition confers the court with personal jurisdiction over the respondent that it might not have in other circumstances. Thus, if the responding party has not lived in Oklahoma or had other dealings with the state sufficient to confer personal jurisdiction, responding to the petition will confer personal jurisdiction.

    Initial Consultation with a Tulsa Paternity Attorney

    This is a sensitive time. And it passes quickly. To preserve your rights and those of your unborn child, contact a family law attorney today. For a initial consultation with a Tulsa paternity lawyer, call the Divorce Law Office of Tulsa at 918-924-5526.

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