Quick question for you law people out there.

[Perrone]

Long story short. I have a child support order from Alaska. Texas has a case opened and garnishes the money from my paychecks. In order to have it recalculated I must open a case in Oklahoma. If you haven't noticed yet it's a big mess and Texas keeps screwing stuff up. Either way I make less than half of the income I did when the order was originally calculated and I need it redone.

My question is. Is there an easier way to do this? Can't I just go to the court house here in OKC and pay a fee or two and have them recalculate it right there and give me a new order?

Or am I stuck having 3 different cases and 3 states screwing everything up?

I sent the paperwork to recalculate to Texas OAG back in march of this year and they haven't done anything with it and nobody can seem to tell me why. They always just say to call back in 2 weeks and when i do...2 more weeks.

 

[penismightier]

Long story short. I have a child support order from Alaska. Texas has a case opened and garnishes the money from my paychecks. In order to have it recalculated I must open a case in Oklahoma. If you haven't noticed yet it's a big mess and Texas keeps screwing stuff up. Either way I make less than half of the income I did when the order was originally calculated and I need it redone.

My question is. Is there an easier way to do this? Can't I just go to the court house here in OKC and pay a fee or two and have them recalculate it right there and give me a new order?

Or am I stuck having 3 different cases and 3 states screwing everything up?

I sent the paperwork to recalculate to Texas OAG back in march of this year and they haven't done anything with it and nobody can seem to tell me why. They always just say to call back in 2 weeks and when i do...2 more weeks.

Your best bet is to contact an attorney. Things always seem to get done faster (for the ncp) when one is present.


You don't have to open a new case in Oklahoma. The modification is done out of the Alaska or Texas cases depending on which is needing to change. If an attorney is not an option, just keep calling and pestering them to have the modification done. It might take you making a trip to appear in court to bring that up in front of the judge.

It's not the Texas AG that calculates the modifications, it's the Child Support office that does. They prepare the figures based on guidelines, and then just hand it over to the CS attorney. So once again, call and pester, and bother until they make the needed changes.

 

[Perrone]

Your best bet is to contact an attorney. Things always seem to get done faster (for the ncp) when one is present.


You don't have to open a new case in Oklahoma. The modification is done out of the Alaska or Texas cases depending on which is needing to change. If an attorney is not an option, just keep calling and pestering them to have the modification done. It might take you making a trip to appear in court to bring that up in front of the judge.

It's not the Texas AG that calculates the modifications, it's the Child Support office that does. They prepare the figures based on guidelines, and then just hand it over to the CS attorney. So once again, call and pester, and bother until they make the needed changes.

So why do they keep telling me i need to open a case here to act on my behalf? I'm confused because in march they told me they could do it and sent me paperwork to fill out, which I did and sent back, and now they say they can't do anything with it.

Know any attorneys who would help out with this for free? I have no where near enough money to afford one.

 

[BadgeBunny]

Contact the bar association and see if they can recommend an attorney who will work pro bono. You might try contacting CASA also, but I since your daughter is not in Oklahoma they probably can't help. (But I am not sure and the worst thing they can do is tell you no.)

 

[nofearfactor]

Been there,am there now myself. The only way,as far as I understand things the way things have gone in my case anyways,to get a child support payment order from the court modified or reviewed,etc is to request a review IN WRITING from the ORIGINAL court that set the court order and decided the case and determined the support order in the first place. May be different for some other states,but that has been my experience with 3 different states.

My kid was apparently concieved in Oklahoma in 95' while the mother,a resident of Arkansas,and me, a resident of California, were hanging out together in Oklahoma. Soon after our 'fling' she returned to Arkansas (where she still lives today),and I returned to California. I later moved to Iowa. In 2000 I was tracked down by Arkansas officials and sent papers informing me that I may have a son in Arkansas. I went for a paternity test,at a clinic in Iowa,then the results were sent off to Arkansas. Later the test proved 99.9% or whatever that I was the father and then the court in Arkansas sent me papers to fill out to determine my child support payments based on my estimated earnings at the time,which at the time were significant,so the court could determine my child support payments. There was no order for visitation or anything. I was informed that that was a matter to be determined between me and the mother in another type of court action. I also could have went to Arkansas with my lawyer and fought it out in court,or just sign the papers agreeing to the amount and be done with it.

I didnt want to go to court and cause any trouble,plus I was also super busy with my work and life. So I consulted with our lawyer then our accountant and disclosed on the form sent to me what I knew of my earnings along with the paperwork provided. Problem was/is is that my earnings change from quarter to quarter with my business I own with my ex-wife and how much business we do, my other forms of income are as a professional musician which also is never the same from month to month, rental and sales income from properties I and my family own in California,and income from mineral rights me,my mother and sibling share. And then I find out that my child support payments can only be made via payroll deduction in Iowa,which would be difficult because I didnt recieve a regular paycheck like most people. So I provided what records I could even though it was all a big mess. I signed the papers and sent them in. The court returned papers with the payment amount based on my estimated earnings mixed with her estimated earnings,which were about 80% of my earnings. I was informed then that a deal was made between the court and her waiving back support due in favor of I start paying my child support immediately to her countys DHS office every business quarter instead of monthly. I agreed.

3 years later I moved to Oklahoma where Ive lived now the last 7 years part time besides also living in California and in Iowa. A few years ago I started making my payments directly to Arkansas DHS Child Support Enforcement Division via their new online WebPay system. After 7 years of paying Arkansas 2 months ago my case was weirdly transferred to Oklahoma DHS and now I pay Oklahoma,via their WebPay online payment system. I also was just sent a letter informing me that I could,IN WRITING,request a review of my ORIGINAL court order about having my payments reduced or increased according to my current income. Funny,Arkansas in 7 years never informed me that I was eligible to have my case reviewed every 3 years. I was never told that once by Arkansas. EVER. Now I could kick myself for not going to Arkansas at the beginning and working it out. My income in 00' was mid 6 figures,and my wife at the time made good income but nothing near what my wife now earns. My income has always dipped some quarters and then went up some quarters,but right now is a bit less than it was in 00' ,and I am still making the same support payments I was 10 years ago. The same payments that were court ordered in 2000. So, I have recently requested, in writing, a review and am now waiting on Arkansas Child Support Enforcement to accept my request.

My sons mother is now pissed off because previously I paid her every quarter right at the beginning of the month of the quarter,and now I am paying my payments monthly and my deadline to have my payment made is now by the last day of the month. I have tried to remain civil with her as its my kids mom and we have always been friendly anyways,plus I know the money is for my kid so I am trying to do whats right and pay it earlier than when I am supposed to. BUT, by the time Oklahoma processes the payment to Arkansas and then they process it to her state issued debit card,its like weeks after I make the payment. That is ****ed up. She has a good job and is also getting child support from her ex husband for 3 kids she had with him. Problems is, he doesnt pay on time if ever and when he does its not even nearly half of what hes supposed to pay. His payments for 3 kids are about a 10th of what I am paying on one kid. He apparently now purposefully only works really low paying jobs or is chronically underemployed, from what my son tells me anyways.

It just seems like a really messed up system to me.

This isnt my first rodeo though. I paid child support to my first kid from my first marriage in California for 18 years until 3 years ago when she turned 18. Ive been paying on a daughter from a girlfriend relationship for 16 years, and I pay on a daughter in Iowa the last 7 years from my last divorce. I also adopted my 2 stepkids 6 years ago from my current marriage.

 

[GlockCop]

Let me say by being through this that Oklahoma DHS has got to be one of the most screwed up operations I have ever had the displeasure of dealing with. After my divorce I had my child support payment taken out of my check and sent to her. Easier for me and she got her check when I got paid. A few years ago DHS stepped in and told DPS they had to send that money to them so they could make sure my ex got paid. I called DHS and they told me "thats just the way we do business". Im glad my support ends in a few months. If there was ever an Oklahoma agency that needs to be investigated...it is DHS.

 

[RaysZ71]

Let me say by being through this that Oklahoma DHS has got to be one of the most screwed up operations I have ever had the displeasure of dealing with. After my divorce I had my child support payment taken out of my check and sent to her. Easier for me and she got her check when I got paid. A few years ago DHS stepped in and told DPS they had to send that money to them so they could make sure my ex got paid. I called DHS and they told me "thats just the way we do business". Im glad my support ends in a few months. If there was ever an Oklahoma agency that needs to be investigated...it is DHS.

I agree 110%. Try talking to them, oh my, talk about rude, no manners and just pure a holes.

 

[Perrone]

I agree 110%. Try talking to them, oh my, talk about rude, no manners and just pure a holes.

Sounds just like the folks at the CSD in TX. Those people are useless. So I'll look into a probono attorney then since OK won't get me anywhere. There's already 2 CSDs involved. 1 more will only make things worse. I blame my ex-wife for this one because i'd payed her on time every time until she opened a case in tx because she thought i was going to get some crazy high paying job after getting out of the Army.....stupid her I make 1/2 of what I used to and she doesn't even get paid sometimes because TX keeps losing the money. Oh the irony.

 

[Shadowrider]

Let me say by being through this that Oklahoma DHS has got to be one of the most screwed up operations I have ever had the displeasure of dealing with. After my divorce I had my child support payment taken out of my check and sent to her. Easier for me and she got her check when I got paid. A few years ago DHS stepped in and told DPS they had to send that money to them so they could make sure my ex got paid. I called DHS and they told me "thats just the way we do business". Im glad my support ends in a few months. If there was ever an Oklahoma agency that needs to be investigated...it is DHS.

Tell me about it. My grand daughter is almost 6 years old. I'd be shocked if my daughter has collected 1.5 years worth of support in total! And yes, DHS is the one collecting it.

They just got around to suspending his drivers license. Why? Because he's went over a year without DHS collecting anything. He jumps jobs about every 2 months, just so they can't keep up. So I guess if you keep a job just long enough to make 1 support payment every year you can slide for as long as you want.

 

[Perrone]

Tell me about it. My grand daughter is almost 6 years old. I'd be shocked if my daughter has collected 1.5 years worth of support in total! And yes, DHS is the one collecting it.

They just got around to suspending his drivers license. Why? Because he's went over a year without DHS collecting anything. He jumps jobs about every 2 months, just so they can't keep up. So I guess if you keep a job just long enough to make 1 support payment every year you can slide for as long as you want.

Sounds like a real douche. I don't want to get out of paying I just need it modified