Legal Question in Family Law in Oklahoma
Sir/Ma'am,
Does the custodial parent have to pay child support to the non-custodial parent when the child is in the non-custodial parents custody. I have had my son in my custody for 3yrs now but my ex-wife has full custody. She refuses to help me out with my son because she has full custody. When I deployed in May she made me pay child support while he was with her. Is there any law that states that the custodial parent has to pay child support while the child is in custody of non-custodial parent. Any help will be greatly appreciated. The child support is based in Oklahoma. Thank you
Lee Nix
2 Answers from Attorneys
Depends on the decree that was entered. Did the court award joint custody in your decree? What does your decree state as to child support payments?
If the decree does not address this issue, then you should not have to pay during the weeks you have the child.
If your decree orders one parent to pay child support, then that obligation will continue until the court enters an order modifying the decree- even if actual physical custody has changed since the decree was entered. A voluntary change in the physical custody, if it lasts or is intended/expected to last more than just a brief period (and 3 years is clearly more than a brief period), should provide the court with sufficient grounds to modify child support. You should file a motion to modify your decree as soon as possible, because any modification of your support obligation can not be effective before the date the motion to modify is filed with the court.