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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100048
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex and I attended our Parenting Plan Conference in Tulsa,

Customer Question

My ex and I attended our Parenting Plan Conference in Tulsa, Oklahoma on 10/26/16. We are getting a pro-se divorce. We saw the State's Attorney who completed our temporary order on his computer and he advised us that my ex must pay his child support through The Oklahoma Department of Human Services (OKDHS) because our children have state provided medical coverage.
We were under the impression that the entering of the temporary order by the State's Attorney was going to open our OKDHS child support case. Is this incorrect?
Do I need to open my OKDHS case by contacting OKDHS? Or does OKDHS get information that a case was opened from the Family Court from the Temporary Order that the State's Attorney completed?
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Attorney answers
Submitted: 1 month ago.
Category: Family Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

We were under the impression that the entering of the temporary order by the State's Attorney was going to open our OKDHS child support case. Is this incorrect?

Correct. Normally, child support will be paid through the state's agency, in this case the OKDHS. This can be done even for temporary orders while the suit is still pending. Did the attorney give you some reason to believe otherwise?

Do I need to open my OKDHS case by contacting OKDHS? Or does OKDHS get information that a case was opened from the Family Court from the Temporary Order that the State's Attorney completed?

This depends on the jurisdiction. Normally, the order would be forwarded to the agency automatically. However, this does not always happen in real life. In addition, OKDHS will need to know your information as well as that of your soon-to-be-ex such as SSN, employer, etc. Some of this may be written into the temporary orders, but not all. As such, someone in your situation wants to call OKDHS and tell them that temporary orders have been entered. This will then have them (a) ask you to forward a copy to them and provide some information about yourself and the other party, or, (b) have them ask you to provide some information but then get the copy of the orders themselves. So either way, calling them to ensure that they push it through is recommended because they will need to speak with you, regardless.

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