When Child Support Enforcement Turns Into a Legal Battle
Enforcing child support orders can be stressful and costly. Sometimes, parents who owe child support do not pay on time or at all, forcing the other parent to take legal action. This can result in court hearings, motions, and even contempt proceedings. During these legal battles, attorney fees and court costs can pile up quickly. Fortunately, Oklahoma law provides ways for the parent who enforces the child support order—often called the “prevailing party”—to recover these expenses from the other party.
If you are facing a child support dispute, understanding how attorney fees and costs are handled can help you prepare. The process is not simple, and hiring an Oklahoma lawyer experienced in family law can make the difference in protecting your rights while managing expenses.
The High Stakes of Attorney Fees in Child Support Enforcement
Failing to pay child support can lead to more than just the original debt. If a parent must go to court to enforce a child support order, Oklahoma law often requires the non-paying parent to cover the legal fees and court costs of the parent enforcing the order—unless there is a good reason for nonpayment. This rule is designed to discourage parents from ignoring their obligations and to help the parent seeking support avoid financial strain from legal fees. Okla. Stat. tit. 43 § 111.1(C)(2).
The court will look at both parties’ financial situations before deciding on attorney fees. The judge considers each party’s income, assets, and means to ensure the fee award is fair. This prevents a large fee award from causing additional hardship to the non-paying parent while still holding them accountable. Merritt v. Merritt, 2003 OK 68, 73 P.3d 878.
Understanding How Attorney Fees Are Awarded in Child Support Cases
In child support enforcement actions, the court may award attorney fees and costs to the parent who successfully enforces the order. This includes fees related to filing motions, attending hearings, and other court proceedings. If the parent who owes support delays or refuses to comply without good cause, the court can order them to pay these expenses to discourage unnecessary delays. Okla. Stat. tit. 43 § 601-313(B)–(C).
Additionally, if a parent objects to an income assignment—which directs a portion of their wages to child support—the court can require that parent to pay all related court costs and attorney fees if their objection is found to be without merit. Okla. Stat. tit. 12 § 1171.3(B)(2).
Hiring a skilled child support collection lawyer can help ensure you navigate these rules correctly, increasing your chances of recovering fees and support owed.
Attorney Fees in Non-UIFSA and UIFSA Proceedings
The Uniform Interstate Family Support Act (UIFSA) applies when child support enforcement crosses state lines. Under UIFSA, courts can order attorney fees and costs to be paid by the party who does not prevail in the enforcement action. Okla. Stat. tit. 43 §§ 601-305(B)(11), 601-313(B)–(C).
In non-UIFSA cases, Oklahoma law allows courts to award costs and attorney fees under specific statutes, but these awards are less common and may be limited by the nature of the case. Generally, the court cannot require the parent receiving support or the Department of Human Services to pay fees unless otherwise provided by law. Okla. Stat. tit. 12 § 942; Okla. Stat. tit. 43 § 110.
Understanding which laws apply to your case is critical. A family law attorney can help you determine the best strategy for recovering child support and related legal costs.
Preparing for Child Support Modification and Fee Recovery
Modifying child support amounts often involves gathering detailed financial information. Oklahoma law allows the requesting parent to subpoena this information after April 15th of each year. If the parent who owes support refuses to provide requested financial records, the court may award attorney fees and costs to the parent seeking modification. Okla. Stat. tit. 43 § 118.3.
For example, if a parent’s income has increased significantly since the original support order, a court may increase child support accordingly and award fees related to the modification process. Courts pay close attention to fairness and the financial impact on both parents when deciding fee awards. Smith v. Smith, 2007 OK CIV APP 98.
Consulting with an Oklahoma lawyer early in the modification process can help you gather the necessary information and protect your financial interests.
Contact an Oklahoma Lawyer Today
If you are dealing with child support enforcement or modification issues, recovering attorney fees and costs can be an essential part of your case. Navigating these legal complexities requires experience and understanding of Oklahoma laws. Moms.Law is here to guide you through the process with clarity and care. If you need legal help, call Moms.Law at (918) 770-7117 for support from attorneys who understand the challenges you face.