Oklahoma § 10-83 - Liability of mother and father to support and educate child

§ 10-83. Liability of mother and father to support and educate child

- Enforcement - Change of child's surname.

A. Both the mother of a child born out of wedlock and an

individual who has been legally determined to be the father of a

child by acknowledgment or by judicial or administrative order are

each liable for the support and education of the child.

B. 1. An action to establish or enforce the obligation of

support and education may be brought by either parent, or other

custodial person, or the guardian of the child, by the public

authority chargeable with the support of the child, or by the child.

Oklahoma Statutes - Title 10. Children

2. An action to enforce this obligation of support may be

brought within the time period specified by paragraph 8 of

subsection A of Section 95 of Title 12 of the Oklahoma Statutes.

3. If the parental rights of a mother or father are terminated

in an adoption proceeding, the obligation to support the child

ceases for the parent whose rights were terminated. Child support

arrearages are not affected by the adoption of the child.

4. The court may order the payments made to either parent,

other custodial person, or the guardian of the child, or to some

other person, corporation or agency to administer under the

supervision of the court.

C. An individual who has been legally determined to be the

father of a child pursuant to the Uniform Parentage Act shall be

ordered to pay all or a portion of the costs of the birth and the

reasonable expenses of providing for the child, provided that

liability for support provided before the determination of paternity

shall be imposed for two (2) years preceding the filing of the

action. The mother shall be liable for the reasonable expenses of

providing for the child to the same extent as the father and subject

to the same limitation of liability for any time she does not have

custody of the child prior to the establishment of paternity or an

order for support.

D. The amount of child support and other support including

amounts provided for in subsection C of this section shall be

ordered and reviewed in accordance with the child support guidelines

provided in Section 118 of Title 43 of the Oklahoma Statutes.

Interest shall accrue on the support amounts pursuant to Section 114

of Title 43 of the Oklahoma Statutes.

E. If both the mother and the father agree to change the

surname of the child to that of the father, the court may order the

name changed. Upon receipt of an order changing the child's

surname, the State Department of Health, Division of Vital Records,

shall correct its records and amend the birth certificate to reflect

the name change.

Added by Laws 1965, c. 378, § 3, emerg. eff. June 29, 1965. Amended

by Laws 1985, c. 297, § 4, operative Oct. 1, 1985; Laws 1987, c.

230, § 4, eff. Oct. 1, 1987; Laws 1989, c. 198, § 3, eff. Nov. 1,

1989; Laws 1990, c. 309, § 1, eff. Sept. 1, 1990; Laws 1991, c. 71,

§ 2, emerg. eff. April 15, 1991; Laws 1994, c. 356, § 4, eff. Sept.

1, 1994; Laws 1997, c. 402, § 2, eff. July 1, 1997; Laws 1998, c.

323, § 2, eff. Oct. 1, 1998; Laws 2006, c. 116, § 1, eff. Nov. 1,

2006; Laws 2012, c. 253, § 1, eff. Nov. 1, 2012; Laws 2014, c. 171,

§ 1, eff. Nov. 1, 2014.