Legal Question in Family Law in Oklahoma
Over due child support rights of Fathers.
Immediately following the divorce my ex and I, agreed to a monthly payment which was deducted directly from my salary these payments continued for over 11 years. Obliviously, over the years we both remarried me (once) and her 3 or 4 times. Well, every time she had a hard time she asked for more (which I paid). I asked her if she would sign a paper stating that the amount would not change so I could qualify for home loan. Which she agreed. Everything was fine until her and my daughter starting having problems. After picking my daughter up four times across the U.S. she moved in with me at the age of 16. Since I had one child and she the other we agreed that the child support would offset each others, and there was no need to pay so I stopped. Now that I have custody of my daughter and she can no longer control me, she has requested repayment of the overdue child support. My daughter is now enrolled in a local University which I borrowed a significant amount of money to pay tuition over the next couple of years. If I'm forced to pay her back all she will do drain my daughters education fund. Is there any justice in this process or is a father guilty until proven innocence.
1 Answer from Attorneys
Re: Over due child support rights of Fathers.
It's unclear from your question whether the child support which you were paying was by voluntary agreement or by court order. If the latter, neither you nor your former wife had the authority to set it aside and come to your own agreement independent of the court. If your former wife now attempts to enforce this order(if that's what it was), it will be, basically, your word against hers in the context of any proffers of proof such as cancelled checks for support.
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