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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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My childs father is and has not ever paid child support as directed by the Oklahoma

Resolved Question:

My child's father is and has not ever paid child support as directed by the Oklahoma DHS how can I get something done?
My child is 14. He owes a lot of back child support and is now pipelining. He has paid a fraction of what he owes for the past 3 months. I cant get DHS to do anything!
Submitted: 2 years ago via ChildSupportLaws.
Category: Family Law
Expert:  Dave Kennett replied 2 years ago.

-Could you explain your situation a little more?
Is the support owed to you or to DHS as reimbursement for state aid paid to you?

Have you ever filed any motions in the case on your own?

Is the case in the OK court where you reside?

Customer: replied 2 years ago.
Yes I have been on gov. Assistance for years. I have just recently within the last year started dealing with Dhs child support and put in for a modification. That was granted. I was a worded around $250. A month child support and $50. A month back pay. He owes $7000. Plus interest around $14000. In back child support. After all was granted by the court he went to work. (a rarity). In Jan I received $125. In Feb 100. In March $260. He is pipelining and I have done almost complete without for 14 years. I just want to do something and not let DHS have it.
Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - If he is behind in support you can file a motion in the court for contempt for non payment of support. He can be fined or jailed for non payment however if DHS is owed for reimbursement for what was paid to you in state aid they are going to be able to collect that amount. There's nothing you can do to take away the state's right to collect their money and this is true in all states. Obviously if the father had paid the support as he should have you would have received that money instead of the aid from the state so the state has a right to collect what was paid due to the father not paying as he should. If you would receive all of the back support it would be the same as getting double the amount to which you would have been entitled so you are not going to be able to get all the back support that is owed until the state has been reimbursed.
Customer: replied 2 years ago.
I do not accept this answer. I'm wanting to know how to quit depending on the gov. And go on working without them. I have only received health care and periodically food stamps.
Customer: replied 2 years ago.
I have only done it to survive and to be here for our daughter
Expert:  Dave Kennett replied 2 years ago.
I have tried to explain to you how to do just that. You need to file a motion for contempt on your own and quit relying on the DHS to do so. Until you get the father to pay the support he owes you will still have to rely on the government so you can take action and file your motion. I'm not certain what else you want to know.
Customer: replied 2 years ago.
How do I file a motion?
Expert:  Dave Kennett replied 2 years ago.

We are not permitted to represent clients from this website so I cannot prepare documents. I can refer you to a website for OK legal forms but a motion is simply written with the case heading at the top showing the court name and parties and case number XXXXX then below a statement from you of why the father is in contempt of court which is rather simple in that he is behind in child support. The court will then set the matter for a hearing. You can also request that the court award you attorney fees for having to file for contempt. Here is a website that you may be able to use for forms in OK.

http://www.edivorcepapers.com/oklahoma-divorce-forms-and-papers.html

Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
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