Oklahoma Child Support Enforcement Laws

[skatterbrane]

My question involves child support in the State of: Oklahoma

I have 2 teenage children and am supposed to get $403.10 every month from my ex, but he usually only pays when they either, find out where he's working and send an income assignment, or they call or send letters threatening to take away his driver's license and/or electrician's license. The pattern lately, is that I get something every 3 months because DHS won't proceed with enforcement until he's 3 months or more behind. My question is this: isn't he in contempt of court if he doesn't pay his child support every month? If not, then why would the documentation order him to pay every month? Why does DHS get to wait 90 days before doing anything? In August, he paid just enough support so that when the September payment due posted, he was about $60 under the "90 day rule." Now he doesn't have to pay anything for another month. I've already had to file bankruptcy on my credit cards because of his sketchy payment history. Ironically, the main reason I even used those cards was to supplement my lack of child support. By the time he'd finally make a payment, I couldn't even get current on my credit card payments.

Also, he is a licensed, union, journeyman electrician and has not seen them or even sent birthday or Christmas cards or gifts to them in 2 years. I'm footing 100% of the cost of raising them. Doesn't $403.10 per month sound way too low? I sent a modification request this week, but I was denied last year because there wasn't "at least a 20% change in salaries". I know different, because he didn't have his license when this support amount was originally figured. I suspect it's because DHS is not going to waste man hours working on this because it won't affect their bottom dollar, whether I get child support or not. Should I get my own attorney? I've only hesitated getting my own attorney because I don't want 30% or more of the funds collected taken away from us (whatever their collection percentage may be).

[aardvarc]

My question is this: isn't he in contempt of court if he doesn't pay his child support every month?

Sure he is, but the court won't know that until you stand in front of a judge and TELL them. Child support enforcement has their own policies and actions they can take, and those actions don't include issuing an arrest warrant for contempt of court. That'll take a judge, so if you want him held in contempt by the court, and not just chased by child support enforcement, then a motion needs to be brought before the court asking that the judge find him in contempt for playing these games and not paying as ordered. CSE has the ability to start a contempt motion on your case, but honestly, if he's a "late payer" as opposed to a "NON-payer", they likely haven't done so because they know that without MORE than a 90 day window, the court isn't likely to find contempt. If you want to try it on your own, you certainly can.

Why does DHS get to wait 90 days before doing anything?

Because getting garnishments and escalating cases takes time - and it's a huge waste of time for the hand full of workers who process hundreds of thousands of cases to start the long process, only to have the person pay or make other arrangements during the weeks that the paperwork is making it's way through the system, to the employer, to the bank, etc. If they attempted to escalate every payment that was late for a shorter term, the entire system would crash to a halt. It's just not practical. (Just like a bank doesn't board up your house if the mortgage payment is 90 days late - they might send nasty letters and make threats, but 90 days is much shorter then the paperwork process itself could take).

I've already had to file bankruptcy on my credit cards because of his sketchy payment history. Ironically, the main reason I even used those cards was to supplement my lack of child support. By the time he'd finally make a payment, I couldn't even get current on my credit card payments.

The unfortunate reality you're facing is that you had kids with an asshole. So long as he stays within the 90 day window, he's going to keep getting to be an asshole. If he breeches it, then fire and brimstone can come down from the courts, but you know his history. If you know his history, then you can predict his future. It sounds like you can't budget or count on that money to come on time - and even more unfortunate, is that so long as he stays within the 90 day line, there's nothing that CSE or the courts can help with.

Also, he is a licensed, union, journeyman electrician

If he's found in contempt (which would take the scenario above), his license can be revoked. (Which doesn't stop as many people as it should - most of them continue to work, even if under the table).

and has not seen them or even sent birthday or Christmas cards or gifts to them in 2 years.

CSE and the courts can't help there. We've already established that he's an asshole.

Doesn't $403.10 per month sound way too low?

Check the Oklahoma child support guidelines at:

http://www.okdhs.org/programsandserv...omputation.htm

You can use the online version in the left column, plug in the numbers, and see what comes up. It usually takes some substantial reason for the courts to deviate much from the guidelines.

I sent a modification request this week, but I was denied last year because there wasn't "at least a 20% change in salaries". I know different, because he didn't have his license when this support amount was originally figured.

Can you PROVE that he's making more money now than then? Simply having his license now IMPLIES that he's making more, but have you seen before/after pay stubs? (This is the exact type of thing that an attorney would have gunned for BEFORE filing for a modification.)

I suspect it's because DHS is not going to waste man hours working on this because it won't affect their bottom dollar, whether I get child support or not.

Yep, they're not going to waste the man hours on a LATE payer within the 90 day guidelines. They've got thousands of families dealing with long term NON-payers who need their time and effort MUCH more. Government simply can't solve ALL problems for everyone, and triage of how and where to use resources is the drudgery of government work. As noted above, you're welcome to take the case directly to the court yourself, but if he's staying within the 90 days, you're not likely to get the outcome you want. Still, if it'll make you feel better to try, it's your right to do so (but after the last rejection by the court, I'd be talking to an attorney first).

Should I get my own attorney? I've only hesitated getting my own attorney because I don't want 30% or more of the funds collected taken away from us (whatever their collection percentage may be).

Most family law attorneys don't work that way. Unlike things like personal injury cases where they work for a percentage, family law attorneys typically work on a per-hour basis. If you want to be able to go before the court and petition for an increase in the amount based on a substantial change in his income, even an hour's worth of an attorney's time to help GET the info you'll need is well worth it. Many will give an initial consultation for free - so call a few until you find someone that you "click" with, and get them to help you with the discovery process. Keep in mind that if his income didn't increase by 20% (which is pretty HUGE), then it's all for nothing anyway, unless there was some gross miscalculation in the original order.

Wish I had better news for you =(

[skatterbrane]

Thanks for the info, I understand more of how the system works now.

By the way, just an aside, the only reason I mentioned that he hasn't seen them in 2 years was to make the point that he has absolutely no out of pocket expenses when it comes to the kids at all, and that alone, I think, should warrant a modification. The original child support amount that was calculated, took into consideration that he had visitation every other weekend and every other holiday - now nothing. I pay 100% of all their expenses out of my pocket.