Okla. Stat. tit. 30, § 30-2-108
This is the official text of Okla. Stat. tit. 30, § 30-2-108, part of Oklahoma’s Stat. tit. 30, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 30,." Browse the sections below, each linked to its official government source.
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Education and maintenance of minor - Income from
Official statutory text
property of minor - Guardianship of minor with living parent - Child
support.
A. If any minor, having a parent or parents living, has
property, the income of which is sufficient for his or her
maintenance and education in a manner more expensive than such
parent or parents can reasonably afford, regard being had to all of
the circumstances of the case, the expenses of the education and
maintenance of such minor may be defrayed out of the income of the
property of the minor in whole or in part, as judged reasonable and
as directed by the court. The charges therefor may be allowed
accordingly in the settlement of the accounts of the guardian of the
minor.
B. Except as provided in subsection A of this section:
1. Any order appointing a guardian of the minor who has a
living parent or other person legally responsible for the support of
the child shall:
a. provide for the payment of child support by each
parent or other responsible party pursuant to the
Oklahoma child support guidelines as set forth in
Sections 118 and 119 of Title 43 of the Oklahoma
Statutes. Each parent, including parents who reside
together, shall be individually ordered to pay the
percentage of the total monthly child support
obligation attributable to that parent, and
b. contain an immediate income assignment provision
pursuant to Section 115 of Title 43 of the Oklahoma
Statutes;
Oklahoma Statutes - Title 30. Guardian and Ward Page 23
2. The court may defer the issue of establishment or
enforcement of child support to the appropriate administrative or
district court when child support services are being provided
pursuant to the state child support plan as provided in Section 237
of Title 56 of the Oklahoma Statutes; and
3. Any guardianship or conservatorship for a minor created on
or after December 1, 2000, shall comply with the provisions of this
subsection. Guardianships or conservatorships for a minor in
existence prior to December 1, 2000, shall comply with the
provisions of this subsection as ordered by the court.
C. In any guardianship in which provision is made for the
custody or support of a minor child or enforcement of an existing
custody or support order or before hearing the matter or signing any
orders, the court shall inquire whether public assistance money or
medical support has been provided through the Department of Human
Services, hereafter referred to as the Department, for the benefit
of each child, or whether the Department is providing child support
services pursuant to the state child support plan as provided in
Section 237 of Title 56 of the Oklahoma Statutes. If public
assistance money, medical support, or child support services have
been provided for the benefit of the child, the Department shall be
a necessary party for the adjudication of the debt due to the state,
as defined in Section 238 of Title 56 of the Oklahoma Statutes, and
for the adjudication of paternity, child support, and medical
insurance coverage for the minor children in accordance with federal
regulations. When a guardianship action is filed, the petitioner
shall give the Department notice of the action according to Section
2004 of Title 12 of the Oklahoma Statutes. The Department shall not
be required to intervene in the action to have standing to appear
and participate in the action. When the Department is a necessary
party to the action, any orders concerning paternity, child support,
medical support, or the debt due to the state shall be approved and
signed by the Department.
support.
A. If any minor, having a parent or parents living, has
property, the income of which is sufficient for his or her
maintenance and education in a manner more expensive than such
parent or parents can reasonably afford, regard being had to all of
the circumstances of the case, the expenses of the education and
maintenance of such minor may be defrayed out of the income of the
property of the minor in whole or in part, as judged reasonable and
as directed by the court. The charges therefor may be allowed
accordingly in the settlement of the accounts of the guardian of the
minor.
B. Except as provided in subsection A of this section:
1. Any order appointing a guardian of the minor who has a
living parent or other person legally responsible for the support of
the child shall:
a. provide for the payment of child support by each
parent or other responsible party pursuant to the
Oklahoma child support guidelines as set forth in
Sections 118 and 119 of Title 43 of the Oklahoma
Statutes. Each parent, including parents who reside
together, shall be individually ordered to pay the
percentage of the total monthly child support
obligation attributable to that parent, and
b. contain an immediate income assignment provision
pursuant to Section 115 of Title 43 of the Oklahoma
Statutes;
Oklahoma Statutes - Title 30. Guardian and Ward Page 23
2. The court may defer the issue of establishment or
enforcement of child support to the appropriate administrative or
district court when child support services are being provided
pursuant to the state child support plan as provided in Section 237
of Title 56 of the Oklahoma Statutes; and
3. Any guardianship or conservatorship for a minor created on
or after December 1, 2000, shall comply with the provisions of this
subsection. Guardianships or conservatorships for a minor in
existence prior to December 1, 2000, shall comply with the
provisions of this subsection as ordered by the court.
C. In any guardianship in which provision is made for the
custody or support of a minor child or enforcement of an existing
custody or support order or before hearing the matter or signing any
orders, the court shall inquire whether public assistance money or
medical support has been provided through the Department of Human
Services, hereafter referred to as the Department, for the benefit
of each child, or whether the Department is providing child support
services pursuant to the state child support plan as provided in
Section 237 of Title 56 of the Oklahoma Statutes. If public
assistance money, medical support, or child support services have
been provided for the benefit of the child, the Department shall be
a necessary party for the adjudication of the debt due to the state,
as defined in Section 238 of Title 56 of the Oklahoma Statutes, and
for the adjudication of paternity, child support, and medical
insurance coverage for the minor children in accordance with federal
regulations. When a guardianship action is filed, the petitioner
shall give the Department notice of the action according to Section
2004 of Title 12 of the Oklahoma Statutes. The Department shall not
be required to intervene in the action to have standing to appear
and participate in the action. When the Department is a necessary
party to the action, any orders concerning paternity, child support,
medical support, or the debt due to the state shall be approved and
signed by the Department.
Status: in_force · Read it on the official government site
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