Child Support Compliance: Crucial Legal Obligations Explained
What would happen if I stopped paying child support through DHS? I can provide for my son on my own—so do I still need to pay?
I’m Tulsa family law attorney James Wirth, and that’s the question we have today.
Consequences of Not Paying Through DHS
It sounds like this comes from a custody case in Oklahoma where there’s already a court order requiring child support payments through DHS Child Support Services. The question is, what happens if you don’t pay through DHS?
There are two ways to interpret this:
1. Paying the custodial parent directly instead of through DHS.
If the order requires you to pay through DHS, but you pay the custodial parent directly, DHS records will show no payments. To them, it looks like you’re not paying at all. That can trigger enforcement actions, including contempt proceedings.
Proof of Payment and Legal Risks
If a contempt case is filed, the presumption is that you failed to pay, and the burden is on you to prove otherwise. Without solid proof—like canceled checks or signed receipts—you could be forced to pay twice. That’s why cash is risky unless you get a receipt.
Although DHS can be frustrating, one benefit is that it maintains accurate records. Paying through DHS gives you third-party documentation of your payments, which protects you if the custodial parent later claims they weren’t paid.
Direct Support Vs. Court Orders
2. Providing for the child directly instead of paying support.
Sometimes parents argue, “I buy clothes, pay for extracurriculars, and cover other expenses, so I shouldn’t have to pay child support.” Unfortunately, that’s not how the court sees it. If there is a child support order, you must comply with it.
Child support orders are enforceable by contempt. If you can pay but don’t, the court can sentence you to up to six months in jail. Even if you are supporting your child in other ways, that does not replace the obligation to make payments as ordered.
Importance of Compliance
Bottom line:
If there’s a court order requiring you to pay child support through DHS, you must follow that order. Otherwise, you risk serious legal consequences.
If you’re in this situation, it’s best to talk to a Tulsa child support attorney about your specific circumstances. To schedule a consultation with my office, visit MakeLawEasy.com.
Schedule a Strategy Session
For personalized legal advice and guidance, call us today at 918-879-1681 to schedule a low-cost initial strategy session. We’re here to help you navigate your child support obligations effectively.
