Parents may fall behind on child support payments for various reasons, often unintentionally. A job loss, unexpected medical bills, or even the daily stress of credit card bills can overwhelm parents. However, it is the legal responsibility of both parents to financially support their children until they reach the age of majority, which is 18 years old in Oklahoma. When one parent falls behind, it puts stress on the other parent and the children. Child support collection help is available, but you may need the help of an experienced Payne County child support attorney in doing so.
Oklahoma State Services May Help
In Oklahoma, delinquent child support payments are often collected through wage garnishment, where the delinquent amounts are subtracted from the delinquent parent’s paycheck until they are current on their payments. This process, known as an income assignment, is handled by the Oklahoma Department of Human Services or the local District Attorney’s office.
The Effect of Public Assistance Benefits on Child Support Collection
If the custodial parent is receiving any sort of public assistance benefits, collection can become complicated. In that case, the Department of Human Services (DHS) often handles garnishment. As funds are collected through garnishment of the delinquent parent’s wages, the Department of Human Services subtracts the value of the public assistance given from the garnished amount. The remainder is remitted to the custodial parent.
The DHS is often backlogged, and collection can take a long time to complete. In contrast, when the custodial parent has not received any public assistance, it is relatively simple and quick to hire a private attorney to handle the wage garnishment.
Tools to Enforce Delinquent Child Support Collection Across State Lines
So what is a parent to do when the delinquent parent has moved from Oklahoma to another state? Luckily, the law has prepared for that eventuality. When a parent moves, whether for a new job, a new life, or merely to try to avoid paying child support, there are laws in place that help the custodial parent collect delinquent child support.
Oklahoma adheres to the Uniform Interstate Family Support Act (UIFAS). This Act allows child support orders and wage garnishment orders to be enforced across state lines. This too can become somewhat complicated and so it is best to get the help of an experienced Payne County child support attorney.
Other Tools That Can Help
Additionally, federal and state tax refunds may be intercepted by the custodial parent. A lien can be placed against property owned by the delinquent parent. Oklahoma can deny, revoke, or suspend some professional and state licenses, such as a license to practice medicine or law within the state. The delinquent parent’s driver’s license may be suspended. Even federal passports can be denied to delinquent parents. In extreme cases, a delinquent parent may be held in contempt of court and jailed for failing to pay back child support. All of these tools are available and can be persuasive to a parent who is non-compliant.
In Oklahoma, it is important to understand that the court’s primary concern is the best interest of the child and ensuring that the child has the financial support they need. Parents who are struggling to collect delinquent child support should not hesitate to seek assistance from the appropriate state agencies or legal professionals.
If you need assistance collecting back child support, seek the help of a Payne County child support lawyer who can advise on the best course of action for your specific circumstances.
Initial Strategy Session with Payne County Child Support Attorney
Collecting delinquent child support payments can seem daunting. But help is available. Get the answers you need. A child support attorney in Payne County who can assess your legal matters is just a phone call away. Let us see what we can do to help you through this process. Your initial consultation is low-cost at Wirth Law Office in Stillwater: (405) 673-1600.
You can also reach us by submitting an inquiry through the “Ask an Attorney” contact form above.
