What Happens if the Other Parent Doesn’t Pay Child Support
Hi, my name is Keith Flinn, a Tulsa child support attorney at the Wirth Law Office, and I’m here to answer what happens if they don’t pay me child support? Well, what does happen if they don’t pay you child support? Parties who do not receive timely payments of child support are entitled to file what are called applications for contempt. Now in Tulsa County, these applications for contempt will be specially set on a docket just handling child support cases in order to fast-track these cases and get payments being made to support children.
Generally, after an application for contempt for child support is made by a party who’s owed child support, the court will set the matter for a hearing, which is initial appearance, or an arraignment, which the court will ask the obligor or person who owes child support to enter a plea. Generally speaking, if the party is unrepresented, the court will enter a not guilty plea on their behalf. At this time, the court will then either set a bench or a jury trial based on the wishes of the obligor.
Legal Processes for Child Support Nonpayment
The person is entitled to a jury trial because failure to pay child support is a misdemeanor in the state of Oklahoma. At the time of a jury trial, the person who’s trying to recover the past due child support will have to prove that the obligor failed to pay child support and that they knowingly and willfully did so. And then, obviously, upon a guilty finding, the court will sentence them.
Generally, the court sentences a party to six months and sets what is a purge fee at the amount owed in back child support if there is a trial. The court can also impose fines of up to $500. But generally, parties do negotiate a settlement prior to trial. And this usually includes a payment schedule. Usually would include some kind of payment or contribution to the arrearage and then a schedule for payment over the next three years to pay back what is owed in child support.
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So I hope that answers your question about what happens if child support isn’t paid to you. My name is Oklahoma divorce attorney Keith Flinn. If you have any more questions, give us a call at the Wirth Law Office at 918-770-7117 for a low-cost consultation.