Child Support in Oklahoma

[Anglbug001]

I don't know any laws concerning Oklahoma child support so I am writing here to get more information. My BF has been out of work since March 2008. He can no longer work and has been trying to get social security disability since that time. He has already been denied twice. Since he has been out of work, he has been unable to pay child support. Before that that time he always payed his CS. We just found out yesterday that he has a warrant for his arrest for nonpayment of CS. When my BF couldn't work anymore he called his case worker for CS and told him that he was unable to work because of back and hand problems. I am wondering why was CS not modified when he called. So now he has all this back pay so that is why he had a warrant put out for him. From what I have read online about the CS laws for Oklahoma, it is not based on expenses. Back when he was working, he paid his CS and after taxes and CS he brought home maybe under $200 a month if that. He was paying around $1000 a month for CS on a $10 hour income. He got layed off from that job and when he received another job he was only making $6 an hour, it was the only work he could find so he took it. It took CS 3 months before they set a court date to have it reduced. So with no income, why hasn't there been a court date set for no income? He hasn't even seen his kids since June 2005 and he wants to see them so badly. The CS office will not give out her address so he can't even file for divorce or get a lawyer for visitation rights. Now that he is not working, we have no money to pay for a lawyer to get help with these issues. Back when he was paying CS, he found his mother in law's phone number online(his wife and mother in law had all phone numbers changed so that my BF would not be able to get in touch with them) So he called her and asked where his kids were and she told him that since he does nothing for kids that it was best to not try to get into contact with her or his wife. Isn't paying CS doing something for his kids? She has been hiding the kids from him since 2005. Since he didn't have much of an income, he called legal aid in Oklahoma, they told him since she lives in Texas, he had to go through Texas. When he called legal aid through Texas, they said they would have a lawyer call him on Thursday, they never called, He kept calling them and nothing ever happened with that. Also, back in 2006, my BF and I opened a checking account together, my name was the main name on the account. Only my social security disability was ever put into that account. My BF received a letter from child support that they were going to freeze that account. When my BF called his case worker, he told him that only my disability was put into that account and that he could show them statements where it showed that all that is what went  into that account and the case worker said it didn't matter and they were still going to freeze that account. So, I called SS to have my check to not go into that account. Since I was in my overdraft, I now owe this bank because of CS. From what I have heard, I didn't think Cs could be set without a divorce or going through one. My BF's wife is an RN and from what we have heard she makes around $30 an hour. Why would a woman who makes this much keep trying to get the CS increased? Could someone please help me with this. Thank you and so sorry it is so long.

[ocean]

He can ask for modification of his child support temporarily from the courts. The may lower the amount until he gets a job but you have to prove to the court you are actively looking for a job. Child support can take from any accounts with his name on it, take his driving license away, and tax returns so keep your stuff separate.

You cant just call them and tell them you are out of work. You have to go to the court and file the modification papers and why you need them modified. They will give you a court date and you both will be notified of the date. Show up to court with your paperwork stating you have no job, and a long paper trail that you are looking for a job (list places you tried). You can also show them that you are trying to get disability (show dr notes?).

[Momfortwo]

I am wondering why was CS not modified when he called.

Because calling is not the same thing as filing an actual motion to modify.  Which is what he needed to do to try and get child support modified. 

And unless he can prove that he's disabled, which is going to be hard to do given that he's been denied SSD twice, his child support order probably won't change.

[Davy]

Being denied SSD twice doesnt mean he's not disabled and can work.

[Momfortwo]

Being denied SSD twice doesnt mean he's not disabled and can work.

Either way, being denied twice IS going to make it harder for him to PROVE that he is disabled and unable to work, even if it's true. 

[alex1981]

1. She lives in Texas, all custody and child support concerns are going to go through Texas. As far as you know, she could have filed for divorce in Texas and be divorced with a current support order out for him. Visitation is set by family court along with child support, however, Child Support Enfocement will act as an "attorney" for the custodial parent in situations that concern child support after a court order has been set

2. Child support will never be based on zero income, whether he is working or not, the lowest it will be based on is minimum wage. I live in Oklahoma and a support order will only be modified once a year voluntarily by the CS agency, or by a court order.

There really isn't a lot child support enforcement can do when it's interstate, meaning when the NCP lives in a different state. My ex lived in Connecticut and all that was ever done was an income assessment was sent to his employer and that employer had to honor the garnishment and his federal income tax refund was garnished. When he finally moved backed to Oklahoma earlier this year he remained unemployed up until recently. He opened a checking account to have his earnings direct deposited and low and behold Child Support found his bank account and put a freeze on it, throwing his account into the negatives, I'm talking in the thousands. Like others have said, everything you two have will have to be seperate. Plus if he does end up getting disability, that too will be garnished for child support.