Interstate Child Custody and Support
Child support and child custody arrangements have to be honored, even if one of the parents is living outside of Oklahoma. However, interstate child custody and support issues generally become more complicated when one of the parents lives in a different state.
If you find yourself in the midst of, or preparing for an interstate custody or support battle, contact our dedicated family lawyers at Naidu Law, Family law attorneys.
We have extensive experience in this arena and can help you navigate these turbulent waters, even if the situation is complex.
Custodial Parents Who Live in Oklahoma
If you currently have custody of your children and you live in Oklahoma, you can file for child support through the Oklahoma Department of Human Services. However, you will need a court order for child support prior to this filing, which our family lawyers can help with.
Your court order for child support is generally based on the incomes of you and your spouse. There are also specific guidelines that Oklahoma follows when calculating child support, and if your income exceeds those guidelines, the court will decide whether or not it is warranted to award additional financial support.
The court order is enforced by the Oklahoma Department of Human Services. This department, despite being in Oklahoma, can in fact work jointly with other states to enforce any child support orders in place.
However, given the nature of interstate legal issues, enforcement and collection may take longer than when dealing with two parents that both reside within the same state. That said, each state is required to honor child support orders regardless of which state ordered the support.
Non-Custodial Parents Who Live in Oklahoma
Even if you were not awarded custody of your child, you have a right to reasonable visitation. If there is a child support or custody issue, you can open a case in Oklahoma as long as you live there, even if the children and other parent are living in another state.
Modifying Child Support in Another State
You can still request a child support modification, even if you are no longer living in the state where the original child support order was issued. In that case, the court with continuing exclusive jurisdiction would modify the order. Which state would be responsible for modifying the order depends on your situation.
Child support falls under the Uniform Interstate Family Support Act. This act covers all 50 states and provides guidance for resolving child support issues that cross state lines. If two states issue two sets of child support orders, for example, the law provides guidance as to which state’s child support order should be followed.
The laws regarding child support and custody modifications are complex, especially if you are working across state lines. Our child support attorney in Oklahoma City is experienced in handling complex cases, and we’re happy to help.
Defending Your Rights
Whether you are the custodial parent or a non-custodial parent, you have rights. Moving to another state does not invalidate the child support or child visitation orders that are currently in place. You can work with our family lawyers in OKC to get the results you need and deserve, whether that’s a change in child support, child custody, or both.
We have options for every situation. If you only want us to consult on one aspect of your case, we can do so. This arrangement is called limited scope. Contact us to find out your options for representation at 405-792-2400.