Legal Question in Family Law in Oklahoma
no child support
i have jointed custody now of my 10 year old son, he was abused my his step-father and now his mother has offer me full custody and her have standard vistitation.i have paid child support for 6 years, yet she makes twice the money i make. she does not want to pay child support if our son comes to live with me. is this legal?
1 Answer from Attorneys
Re: no child support
Under Oklahoma law, child support is mandatory. The court does have some discretion to adjust the amount determined by the guidelines or even waive it all together, but usually this is only incident to an agreement of the parties AND the court has to make a determination that deviation from the guidelines is in the child's best interest.
If you are going to change custody it is imperative that you file a motion to modify custody and child support. If you do not do so, you are still obligated to pay her child support pursuant to and in accordance with the original decree even though you may have reached a different agreement. You will need assistance of counsel.