Child Support
Understanding child support laws in Oklahoma is crucial for protecting your rights and ensuring your children receive the financial support they need. Child support calculations can be complex, involving detailed income assessments and schedules set by Oklahoma statutes. If you’re navigating custody or support issues, learning the basics from a trusted Tulsa child support attorney can give you clarity and peace of mind.
When facing child support disputes or modifications, having expert guidance is essential. The Wirth Law Office offers experienced representation to help you understand your obligations or enforce your rights. For personalized advice from a knowledgeable Tulsa attorney, contact the Wirth Law Office. If you need legal help, call Wirth Law Office at (918) 879-1681.
Child Tax Claims: Myth Busted
Videos circulating on platforms like TikTok and YouTube claim that an executive order by President Trump allows parents paying child support to claim children on their taxes. After thorough investigation, it is evident this claim is false, with no executive order or policy change in place. The decision on who claims a child for tax purposes primarily relies on state laws. Oklahoma courts, for instance, handle tax dependency assignments in custody and divorce cases, which may differ from federal rules. Consulting a family law attorney is recommended for advice tailored to specific situations regarding claiming children on taxes. Read more »Child Support Does Not Buy Parenting Time
Holiday visitation schedules often prompt questions about their impact on child support obligations. Many assume that extended periods of visitation, such as during Christmas, should influence the support payments. However, the number of overnights a noncustodial parent has throughout the year is already considered in the child support calculation. This calculation focuses on where the child sleeps each night. Typically, a minimum of 121 overnights is required for any reduction in child support. Standard visitation schedules, even with holidays included, often don’t suffice. Therefore, simply having extra visitation during holidays doesn't usually warrant a change in payments. Read more »What Is the Difference between Child Support Contempt and Omission to Provide for a Child in OK?
Child support contempt and omission to provide for a child are two different legal charges in Oklahoma. Contempt for failure to pay child support can be filed by the aggrieved party and can result in a misdemeanor charge with up to six months in jail. Omission to provide for a child, on the other hand, is a felony offense that can only be filed by a prosecutor and requires a significant violation of the child support order. Understanding the differences between these charges is crucial for navigating the complexities of child support enforcement. If you have questions or need legal assistance, contact an experienced attorney to discuss your options. Read more »What is "Gross Income" for Child Support Purposes in Oklahoma?
Gross income for child support in Oklahoma includes all money received from any source, except for a few exceptions outlined in the law. In this video, Oklahoma attorney James Wirth explains the definition of gross income and how it is crucial in determining child support payments. Earned income, passive income, and certain exclusions are all factors to consider when calculating gross income. If you have questions about child support or need legal advice, it is best to consult with an attorney for personalized guidance. To schedule a confidential consultation with an attorney at Wirth Law Office, visit makelaweasy.com. Read more »Can You Be Legally Arrested for Failing to Pay Child Support, or is that a Constitutional Violation?
Can you be legally arrested for failing to pay child support or is that unconstitutional? Tulsa attorney James Wirth addresses this question, explaining the difference between child support contempt and a debtor's prison. The key factor is willfulness - if it can be proven that there was a willful failure to pay, meaning the ability to pay was there but not utilized, then jail time may be a consequence. However, if there was no ability to pay or it cannot be proven, it may be considered a constitutional violation. If you find yourself in this situation, it's important to seek legal advice to understand your rights and options. Contact James Wirth at MakeLawEasy.com for assistance. Read more »When Forced to Pay Child Support, What Do You Do to Afford It and Pay Bills?
Are you struggling to afford your child support payments in Oklahoma? Tulsa attorney James Wirth explains how child support is calculated in the state and offers advice on what to do if you feel like the amount is excessive based on your income. He emphasizes the importance of ensuring that the Child Support Guidelines were properly calculated and suggests seeking legal advice if you have any doubts. While getting a second job may increase your income, it could also lead to a modification of your child support payments. If you have questions about child support in Oklahoma, contact James Wirth's office for confidential assistance. Visit MakeLawEasy.com for more information. Read more »Can I Claim My Child on my Taxes?
Are you wondering if you can claim your child on your taxes? Attorney James Wirth breaks down the rules for claiming a child on taxes in cases of separation, paternity, custody, and divorce. Generally, the parent who the child resides with for six months or more of the year can claim the child on taxes. However, court orders can also dictate who gets to claim the child each year. It's important to understand the rules and seek legal advice if you're unsure. Contact Attorney James Wirth at MakeLawEasy.com to get the guidance you need in navigating this complex issue. Read more »How Does a Father get Child Support Services to Enforce an Order Against a Mother?
Are you a father trying to enforce a child support order against the mother? Tulsa attorney James Wirth is here to help. With 11 years of sole legal custody and a $40,000 arrearage, it's time to take action. While DHS Child Support Enforcement can assist, their backlog may delay the process. Instead, consider filing a motion for contempt on your own. By holding the other party accountable for violating the court order, you may be entitled to attorney's fees. Don't wait for DHS – take control of your situation. Schedule a consultation with James Wirth at MakeLawEasy.com to get the child support you deserve. Read more »Can My Son Fill Out Child Support Comp, Have Parties and Judge Sign or Should He Open a DHS CS Case?
Need help navigating the process of establishing child support guidelines and orders? It can be a complex and confusing process, especially if you don't have experience with legal documents. Should you take matters into your own hands and try to fill out the guidelines yourself, or is it better to open a child support case with DHS? The answer depends on various factors, such as whether there is an existing case, the need for custody and visitation orders, and your familiarity with legal procedures. If you're unsure about the best course of action, it's always a good idea to seek legal advice from an attorney who can guide you through the process. Give us a call or visit our website to learn more about how we can help. Read more »Is There Anyway to Stop Child Support Outside of Court?
Child support orders can't be stopped outside of court without a judge's approval. Even if both parties agree, a court order is still necessary to legally stop child support payments. Child support continues to accrue interest and can be enforced by the court if not officially terminated. Aging out of children on the support order does not automatically stop payments, unless all children have reached the age of majority. It's important to consult with an attorney to navigate the legal process of modifying child support orders. To schedule a consultation with Tulsa attorney James Wirth, visit makelaweasy.com. Read more »My Kids Have Lived with Me for the 6 Years since the Split. Can I Get Child Support?
My kids have lived with me for the last six years since I split with their mom. She's provided no financial support. Can I get child support? I'm Tulsa Lawyer James Wirth and that is the question that we have. If the kids have been living with him for the last six years after the party split, but apparently there's been no order for child support in place, mom's provided no financial assistance, can he get child support? And the answer is yes, but it doesn't happen automatically, just like it didn't happen automatically for the six years. You wanna be proactive. You wanna file for a custody, I mean, if you're married, you file for a divorce or legal separation. If you're not, you file a paternity action, get paternity established, get your custody rights established, and then go after her for child support. If you are the primary custodian and the other party's not paying anything for the support of the child and the child's with you 100% of the time, you've just gotta go through the court process to get that done. Child support generally cannot be established retroactively, so you wanna get that request for child support on file as quickly as possible. Given the circumstances here, you do wanna talk to an attorney privately and confidentially, get more of the facts so you can get legal advice specific to your case and a strategy to determine how to move forward with the best legal footing. Read more »Does Child Support Stop if Mom Takes the Baby Out of the Country without Father’s Permission?
Child support does not automatically stop if a mother takes the baby to another country without the father's approval. It is a court order that must be followed until it is modified or vacated. If there are custody orders in place that provide for child support, the father can take legal action to enforce his rights. This may involve filing a motion to enforce visitation or a contempt citation. If jurisdiction is an issue, it is important to establish it quickly before it changes due to the mother leaving with the child. Consult with an attorney for guidance on how to proceed in this time-sensitive situation. Read more »I’m on Child Support but I Don’t Get to See My Little Girl. What Can I Do?
If you're on child support but not getting to see your child, there are legal actions you can take. Tulsa attorney James Wirth advises filing a motion to enforce visitation or a contempt citation for violating court orders. If your child support was ordered through DHS administrative court, you may not have custody or visitation rights, but you can seek to establish them through the court. Remember, visitation and child support orders are separate, and you must fulfill both obligations. To navigate this complex situation, seek legal advice and take proactive steps to enforce your rights. Contact an attorney for a strategy session to discuss your options. Read more »At What Point Does Failure to Pay Child Support Turn into a Felony in Oklahoma?
When does failure to pay child support become a felony in Oklahoma? Attorney James Wirth breaks it down: if the past due amount exceeds $5,000 or if no payments are made for a year, it's a felony punishable by up to four years in prison. Child support orders are enforceable court orders, and failure to comply can result in contempt charges. If you're facing issues with child support, it's crucial to seek legal advice tailored to your situation. Contact Wirth Law Office to schedule a consultation and ensure your rights are protected. Don't wait until it's too late – visit MakeLawEasy.com today. Read more »Am I Being Unreasonable by Refusing to Pay for Extracurriculars without a Receipt?
In this excerpt, Tulsa Attorney James Wirth addresses a common issue regarding extracurricular expenses and child support. He discusses the importance of requesting a receipt before paying for these activities, as it ensures transparency and accountability in financial matters between co-parents. Wirth explains that while child support guidelines typically do not cover extracurricular costs, it is reasonable to request proof of payment and share the expenses accordingly. He advises seeking legal counsel for personalized advice and guidance on navigating such situations. Overall, Wirth emphasizes the importance of communication and cooperation when it comes to sharing financial responsibilities for a child's extracurricular activities. Read more »What if the Father Does Not Make Enough Money to Pay Child Support?
Addressing Child Support Challenges - What if the father doesn't make enough money to pay his child support? In Oklahoma, child support is determined by the Oklahoma Child Support Guidelines, primarily based on the income of both parties. If the father's income has decreased since the original order was set, he may be able to seek a modification. Child support cannot be modified retroactively, so it's important to take action as soon as possible. Schedule a consultation with an attorney to review the order, guidelines, and current income situation. Don't delay in seeking help to ensure a fair child support amount. Read more »DHS Child Support Enforcement Won't Approve My Order. What Do I Do?
Are you struggling to get DHS Child Support Enforcement to approve your order? Tulsa Attorney James Wirth understands your frustration. In his blog post, he shares his advice on what to do in this situation. He suggests that if you're not receiving any response from DHS, it's best to set the case for court again. By doing so, all parties involved will be required to appear, giving you the opportunity to speak with them, make edits, and potentially enter an agreed signed order. If that doesn't work, you can request a trial date and put pressure on getting it done, either by agreement or court order. For more personalized legal advice related to family law in Oklahoma, James Wirth encourages you to schedule a confidential consultation with his office online at MakeLawEasy.com. Read more »When You Remarry, Can Child Support Enforcement (DHS/CSE) Put a Lien on New Spouse's Property?
In today's blog post, Tulsa Attorney James Wirth addresses a common concern when it comes to child support enforcement: can they go after your new spouse's property? While the answer is generally no, there are certain circumstances where they may be able to. Wirth explains that the key is to keep your assets separate from your spouse's. If you have real property or a bank account that is solely in your spouse's name and has not been commingled, child support enforcement cannot place a lien or levy on it. However, if you have joint accounts or commingle assets, they may have access to those funds. It's important to handle your assets carefully and seek legal advice for your specific situation. Contact Wirth's office or visit MakeLawEasy.com for more information. Read more »Oklahoma Law: Do I Have to Pay Child Support if My Ex Has Our Child for Summer Break?
Need legal advice on child support during summer break in Oklahoma? Attorney Lindsay McDowell at Wirth Law Office has the answers. Read more »Shared Custody in Oklahoma: How to Determine Child Support Payments
Child support is determined by a statutory formula that takes into account each parent's income and expenses. Read more »Child Support Non-Payment and Its Impact on Parenting Time in Oklahoma
Child support and visitation rights are separate issues, and the non-payment of child support does not negate visitation rights. Read more »What if There Is an Oklahoma Child Support Order & the Person Paying Quits Their Job?
Not paying child support can lead to six months in jail for omission to pay also if they're continuing to not pay, that starts adding up. Read more »What Would Kanye West’s Child Support Be in Oklahoma?
The amount is split pro rata based on who makes more money. If one party makes more, they will pay that amount versus the other party. Read more »Can Things I Purchase for My Child Count Toward My Child Support?
If you buy things for your child, keep receipts if a child support order has not been entered. If it goes forward and they request it. Read more »How Does Child Support Get Paid If My Ex Goes to Jail?
If your ex-spouse is locked up, it can be challenging to collect child support. However, there are multiple ways to collect it. Read more »
