§ 1-4-702. Deprived child--Paternity--Support
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile Code
10A Okl.St.Ann. § 1-4-702
§ 1-4-702. Deprived child--Paternity--Support
A. 1. When paternity of an alleged or adjudicated deprived child has not been established, the court, within six (6) months after the filing of a deprived petition, shall either establish paternity or defer the issue of paternity establishment to the appropriate administrative or district court for any child for whom paternity has not been legally established according to the Uniform Parentage Act.1
2. When paternity is at issue, an alleged father and mother of the child named in a deprived petition shall be given notice in the petition and summons that paternity may be established in the deprived action. Oklahoma Child Support Services shall proceed with paternity establishment for any case deferred to the administrative or other district court division under this subsection.
4. The order establishing paternity shall be filed as a separate document and shall not be confidential. The court clerk of the district court where the paternity order has been filed shall provide, upon request, a copy of the order establishing paternity to a representative of Oklahoma Child Support Services. A court order for the release of the order establishing paternity or other information contained in the court record pertaining to paternity and child support shall not be required. The order may be captioned with a different case style in order to establish and enforce a child support order in an action other than the deprived proceeding.
2. Within six (6) months after the filing of a deprived petition, the court shall address the issue of child support or defer the issue of establishment or enforcement of child support to the appropriate administrative or district court. Oklahoma Child Support Services shall proceed with the establishment or enforcement of child support orders for any case deferred to the administrative or other district court division under this subsection; provided, Oklahoma Child Support Services shall enforce all child support orders entered by the court.
c. The court may deviate from the child support guidelines when it is determined necessary in order for the parent to meet the obligations of a court-imposed individualized service plan or for other reasons as the court deems appropriate. If the court deviates from the amount of child support indicated by the child support guidelines, the court shall make specific findings of fact supporting such action.
g. A child support computation form as provided for in Section 120 of Title 43 of the Oklahoma Statutes shall be completed by the court, counsel of record, or may be referred to Oklahoma Child Support Services for completion. Upon being signed by the judge, the computation form shall be incorporated as a part of the child support order.
(3) The court clerk of the district court where the child support order has been filed shall provide, upon request, a copy of the support order to a representative of Oklahoma Child Support Services. A court order for the release of the child support order or other information contained in the court record pertaining to child support shall not be required.
k. After a deprived action is dismissed, the most recent child support order entered in the deprived action shall remain in full force and effect, unless the judge presiding over the deprived action orders otherwise. If there was no prior administrative or district court case, the deprived action child support order shall be docketed and filed in a new district court family division action and enforced for current child support and arrearages. If the judge presiding over the deprived action modified a preexisting child support order or if there was an existing administrative or district court case, the child support order entered in the deprived action shall be filed in the existing case and enforced for current child support and arrearages. The child support order may be modified after being docketed in district court.
D. When a child's custody is changed from one parent or caretaker to another pursuant to the Oklahoma Children's Code, the change in custody shall transfer child support payments to the new caretaker unless the caretaker is receiving foster care payments or Temporary Assistance to Needy Families payments for the care of the child. Child support payments to the caretaker shall terminate when the child no longer resides with the caretaker.
Credits
Laws 2004, c. 198, § 2, emerg. eff. May 4, 2004; Laws 2005, c. 121, § 1, eff. Nov. 1, 2005; Laws 2008, c. 99, § 1, eff. Nov. 1, 2008. Renumbered from Title 10, § 7003-8.8 and amended by Laws 2009, c. 233, §§ 59, 244, emerg. eff. May 21, 2009.
Footnotes
Title 10, § 7700-101 et seq.
10A Okl. St. Ann. § 1-4-702, OK ST T. 10A § 1-4-702
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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