Legal Question in Family Law in Oklahoma
Child Support
My husband is being called to court for ''contempt'' for non-payment of child support. He was not aware of his owing child support until about December of last year when the state garnished his wages. He has subsequently lost that job and is staying at home with our (my biological) two children to keep them out of day care. Our home, car, etc., is in my name because we've been married less than a year. Will they consider my income to set child support? Can the State take my assets? Can he get a public defender since he doesn't have a job? Do we need to divorce?
1 Answer from Attorneys
Re: Child Support
My first question to you is how could your husband be unaware that he had a child support obligation. Such an obligation arises under a court order of which he would have had to have notice in order for the court to impose the obligation.
Nevertheless, your income is not a factor in the child support computation. The amount is determined based upon the mother and the father's combined income and the Oklahoma Child Support Guidelines.
You will have to check with your local public defender to see if your husband qualifies for their assistance. If not, you might check with Legal Services.
Good luck!
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