If you miss a child support payment in Oklahoma, it can have serious legal and financial consequences. Whether the missed payment is the result of a temporary hardship or an ongoing issue, it’s important to understand your rights, responsibilities, and what steps the state may take to enforce child support orders. This article explains what can happen if you fall behind on child support and what you can do to address the situation.
Child Support Is a Court Order
When a judge orders child support in Oklahoma—either during a divorce, paternity case, or custody proceeding—it becomes a legally binding obligation. Failing to pay court-ordered child support is considered contempt of court, which can lead to penalties and enforcement actions.
Even one missed payment can trigger enforcement measures, so it’s crucial to act quickly if you know you’re falling behind.
Consequences of Missing Child Support Payments
The Oklahoma Department of Human Services (DHS) Child Support Services and the courts have several tools to enforce child support orders. If you miss payments, you may face:
1. Wage Garnishment
DHS can issue an Income Withholding Order to your employer, requiring them to deduct support directly from your paycheck—even without a court hearing.
2. License Suspension
The state may suspend your:
- Driver’s license
- Professional or occupational licenses
- Recreational licenses (e.g., hunting or fishing)
This can happen if you’re behind by 90 days or more and fail to enter a payment agreement.
3. Tax Refund Intercepts
DHS can intercept both state and federal tax refunds to cover unpaid child support.
4. Bank Account Garnishment and Asset Seizure
In some cases, DHS may freeze and seize funds from your bank account or place liens on property to recover back support.
5. Credit Reporting
Past-due child support may be reported to credit bureaus, negatively impacting your credit score and ability to borrow money.
6. Contempt of Court Charges
If enforcement moves through the courts, a judge may find you in contempt of court, which could result in:
- Fines
- A payment plan ordered by the court
- Jail time in extreme cases
Can I Go to Jail for Not Paying Child Support?
Yes—but usually only if you’ve willfully failed to pay. If the court believes you had the ability to pay but chose not to, you could be sentenced to jail time. However, courts are more likely to try to secure compliance through payment plans, employment referrals, or license suspensions before taking that step.
What Should I Do If I Can’t Pay?
If you’re struggling to make payments, don’t ignore the issue. Instead:
- Contact DHS Child Support Services to discuss a payment plan or adjustment.
- Petition the court to modify your child support order if your financial circumstances have changed (e.g., job loss, illness, or reduced income).
- Keep making partial payments if possible—courts view this more favorably than making no effort at all.
Support modifications are not retroactive, so the sooner you file, the better.
Oklahoma Child Support Attorneys
If you miss a child support payment or are at risk of enforcement action, legal help can make a big difference. If you need help resolving child support issues, defending against contempt charges, or filing for modifications, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.