There Are Two Separate Issues
Video Transcribed: Do I have to pay child support if I have no visitation rights in Oklahoma? That’s the question that we have. I’m Tulsa Family Law Attorney James Wirth, and that’s what we’re dealing with, do I still have to pay child support, or can I be forced to pay child support if I haven’t been given any visitation or visitation rights? And the answer is yes, you can.
They are two completely separate issues. Whether you have any visitation or not does affect whether you have child support and whether you’re paying child support. It does not affect whether you have visitation.
If some party requests an order for child support, the court will likely enter that order determining child support based on Oklahoma child support guidelines.
If that is done in a DHS Administrative Court, then that court doesn’t even have the authority to grant you custody or visitation rights. Nonetheless, they’ll still determine paternity and get a child support order entered that can be enforced.
So, suppose you’re in that scenario. In that case, you want to make sure that you get your rights established by filing in District Court or County Court, where the court has the authority to determine not only paternity and child support but also custody and visitation to get those rights established.
But if a child support order is in place, they can enforce that even if you have no parental rights as custody visitation. The converse is also true. Let’s say that you have been ordered or granted visitation rights, but you’re not paying your child support. Certain things can be done to enforce child support, but you cannot be denied your visitation just because you are not paying child support.
You’re entitled to that visitation because it’s in the best interest of the child, as well as your constitutional right to the care and custody of your child. So there are two separate issues independently ordered often and independently enforced.
You cannot withhold a child because they didn’t pay child support, and you cannot refuse to pay child support because you’re being denied visitation. They’re two separate issues.
If you have a problem with either one, take it to court, and get that adjudicated. But before you do that, get the advice for your specific circumstances from an Oklahoma attorney. To get that scheduled with a Tulsa Child Support Attorney at my office, you can go to makelaweasy.com.
