In Okmulgee, Oklahoma child support is determined by a judge if the parents of a child cannot agree on an arrangement acceptable to the court. Not paying child support is violating a court order, even if both parents initially decided who pays what.
Oklahoma Child Support Basics
When you do not pay child support, only the other parent is aware that you owe money unless the Oklahoma Department of Human Services (DHS) is involved in collecting it.
If the other parent keeps quiet about you not paying child support, nothing happens. However, the Oklahoma child support you owe does not just disappear because the other parent is quiet. She or he can decide to pursue collection at any time.
Consequences of Not Paying
The other parent can pursue one or more of the following actions to enforce the collection of Oklahoma child support.
1. The other parent can petition to have the delinquent parent found in contempt of court.
As previously stated, courts approve child support payments that parents agree on or set the rates. Non-payment of child support is, therefore, violating a court order.
If the defaulting parent routinely does not pay child support, he or she can be found in criminal contempt, which can be a felony or misdemeanor offense. The penalties are more severe if the delinquent parent is found in criminal contempt.
Any punishment meted out is meant to make the parent owing child support to pay up, though. If they land in jail, they can be released as soon as they pay up what is owed.
2. The other parent can pursue civil collection efforts through a wage intercept or a bank levy.
When a court orders a wage intercept, a significant percentage of the delinquent parent’s income sent from the employer to the other parent to pay for the child support debt. Wage garnishment is the mechanism typically used to collect owed child support unless the other parent agrees to another method of collection.
Another option that the other parent can pursue is a bank levy or attachment. A court order instructs a bank to pay the other parent a certain percentage of cash from the delinquent parent. This is the alternative to wage garnishment if the other parent is self-employed.
3. The other parent can seek a criminal referral.
The delinquent parent can be reported to the police for not paying child support. Law enforcement will often follow the negligent parent and bring charges against them for not meeting their child support obligations.
As an alternative to going to the police, the other parent can instruct their attorney to ask the district attorney to prosecute the delinquent parent.
Do you owe child support? Has an incident happened in your life that has left you unable to meet your obligations?
We are experts in Okmulgee family law. Let an expert in Oklahoma child support answer your questions and walk you through the challenging legal aspects of raising your child while legally separated or divorced.
Free Consultation: Okmulgee Child Support Attorney
For a confidential, free consultation with an Okmulgee family law attorney, call 918-756-9600 or toll free at 1-888-Wirth-Law (1-888-947-8452).
You can also enter your legal question in the form at the top right of this page, and one of our child support attorneys will email or call you.