Statute of Limitations on Child Support Collections
One common question is whether there is a statute of limitations on child support collections that have been court ordered in Oklahoma. The answer is no. Oklahoma law does not impose a statute of limitations on collecting unpaid child support that has been ordered by the court.
This means that if a parent owes child support arrears, those arrears can be collected at any time, regardless of how many years have passed since they were initially due. Child support agencies and the courts can take various actions to enforce child support orders, such as wage garnishment, seizing tax refunds, and suspending licenses.
Child Support Obligations in Oklahoma
Child support is a crucial financial responsibility that ensures the well-being of children following a divorce or separation. In Oklahoma, as in most states, there is a legal obligation to provide financial support for your child until they reach a certain age or meet specific conditions. However, questions may arise regarding whether there is a statute of limitations on child support collections.
Child support obligations in Oklahoma are typically established as part of a divorce or separation agreement. The amount of child support to be paid is determined based on various factors, including the income of both parents, the child’s needs, and the child’s custody arrangement.
Criminal Liability
In Oklahoma, failing to pay child support can result in criminal liability under certain circumstances. The key factors that determine when criminal liability comes into play include the amount of unpaid child support, the duration of non-payment, and the specific actions taken by the noncustodial parent. Here’s an overview of the criminal liability for failure to pay child support in Oklahoma:
- Civil Contempt: Initially, child support enforcement typically begins as a civil matter. If a noncustodial parent fails to pay child support as ordered by the court, the custodial parent or the state’s child support enforcement agency may file a motion for civil contempt. This legal action seeks to enforce the child support order through civil remedies, such as wage garnishment, bank account seizures, and the withholding of tax refunds.
- Criminal Contempt: Criminal liability may come into play when there is a willful and substantial failure to pay child support. Oklahoma law allows for criminal contempt charges to be filed against a noncustodial parent who is found in willful contempt of a child support order. The court must find that the non-payment was intentional and significant.
- Felony Charges: In cases where the unpaid child support exceeds a certain threshold or has been unpaid for an extended period, criminal charges can be elevated to a felony level. The specific threshold and duration may vary, but generally, when a noncustodial parent accumulates a substantial amount of unpaid child support over an extended period, it can lead to felony charges.
- Penalties: If convicted of criminal contempt or felony child support charges, the noncustodial parent may face penalties that include fines, probation, and even imprisonment. The severity of the penalties depends on the circumstances of the case and the amount of unpaid child support.
It’s important to note that Oklahoma courts typically prioritize enforcement actions that ensure the financial well-being of the child and encourage compliance with child support orders. Criminal charges are usually pursued as a last resort when other enforcement measures have proven ineffective.
Noncustodial parents who are facing difficulty meeting their child support obligations should seek legal assistance and explore options such as requesting a modification of the child support order based on changes in income or circumstances. Failure to pay child support can have serious legal consequences, so it’s essential to address any challenges through proper legal channels.
Duration of Child Support Payments
In Oklahoma, child support payments usually continue until the child reaches the age of 18 or graduates from high school, whichever occurs later. However, there are exceptions to this rule. Child support may continue beyond these milestones if:
- The child has a severe disability: In cases where the child has a severe physical or mental disability, child support may continue indefinitely to provide for their ongoing care and support.
- The child is still in high school: If the child is still attending high school when they turn 18, child support may continue until they graduate or reach the age of 20, whichever comes first.
Seeking Legal Assistance
If you are owed child support or need assistance with child support matters in Oklahoma, it’s essential to seek legal help. An experienced family law attorney can assist you in navigating the complexities of child support enforcement, ensuring that your child’s financial needs are met.
At the Tulsa Divorce Law Office, our dedicated Tulsa family law attorneys have extensive experience in child support cases and can provide the guidance and support you need. If you have questions or require legal assistance regarding child support collections, please don’t hesitate to reach out to us at 918-924-5526 for a consultation. We are committed to helping you secure the financial support your child deserves.
