Okla. Stat. tit. 43, § 43-112.1A
This is the official text of Okla. Stat. tit. 43, § 43-112.1A, part of Oklahoma’s Stat. tit. 43, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43,." Browse the sections below, each linked to its official government source.
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Definitions - Child support - Parental rights and
Official statutory text
duties – Actions and jurisdiction.
A. In this section:
1. “Adult child” means a child eighteen (18) years of age or
older.
2. “Child” means a son or daughter of any age.
B. 1. The court may order either or both parents to provide
for the support of a child for an indefinite period and may
determine the rights and duties of the parents if the court finds
that:
a. the child, whether institutionalized or not, requires
substantial care and personal supervision because of a
mental or physical disability and will not be capable
of self-support, and
b. the disability exists, or the cause of the disability
is known to exist, on or before the eighteenth
birthday of the child.
2. A court that orders support under this section shall
designate a parent of the child or another person having physical
custody or guardianship of the child under a court order to receive
the support for the child. The court may designate a child who is
eighteen (18) years of age or older to receive the support directly.
C. 1. A suit provided by this section may be filed only by:
a. a parent of the child or another person having
physical custody or guardianship of the child under a
court order, or
b. the child if the child:
(1) is eighteen (18) years of age or older,
(2) does not have a mental disability, and
(3) is determined by the court to be capable of
managing the child’s financial affairs.
2. The parent, the child, if the child is eighteen (18) years
of age or older, or other person may not transfer or assign the
cause of action to any person, including a governmental or private
Oklahoma Statutes - Title 43. Marriage and Family Page 59
entity or agency, except for an assignment made to the Title IV-D
agency.
D. 1. A suit under this section may be filed:
a. regardless of the age of the child, and
b. as an independent cause of action or joined with any
other claim or remedy provided by this title.
2. If no court has continuing, exclusive jurisdiction of the
child, an action under this section may be filed as an original
suit.
3. If there is a court of continuing, exclusive jurisdiction,
an action under this section may be filed as a suit for modification
pursuant to Section 115 of this title.
E. In determining the amount of support to be paid after a
child’s eighteenth birthday, the specific terms and conditions of
that support, and the rights and duties of both parents with respect
to the support of the child, the court shall determine and give
special consideration to:
1. Any existing or future needs of the adult child directly
related to the adult child’s mental or physical disability and the
substantial care and personal supervision directly required by or
related to that disability;
2. Whether the parent pays for or will pay for the care or
supervision of the adult child or provides or will provide
substantial care or personal supervision of the adult child;
3. The financial resources available to both parents for the
support, care, and supervision of the adult child; and
4. Any other financial resources or other resources or programs
available for the support, care, and supervision of the adult child.
F. An order provided by this section may contain provisions
governing the rights and duties of both parents with respect to the
support of the child and may be modified or enforced in the same
manner as any other order provided by this title.
A. In this section:
1. “Adult child” means a child eighteen (18) years of age or
older.
2. “Child” means a son or daughter of any age.
B. 1. The court may order either or both parents to provide
for the support of a child for an indefinite period and may
determine the rights and duties of the parents if the court finds
that:
a. the child, whether institutionalized or not, requires
substantial care and personal supervision because of a
mental or physical disability and will not be capable
of self-support, and
b. the disability exists, or the cause of the disability
is known to exist, on or before the eighteenth
birthday of the child.
2. A court that orders support under this section shall
designate a parent of the child or another person having physical
custody or guardianship of the child under a court order to receive
the support for the child. The court may designate a child who is
eighteen (18) years of age or older to receive the support directly.
C. 1. A suit provided by this section may be filed only by:
a. a parent of the child or another person having
physical custody or guardianship of the child under a
court order, or
b. the child if the child:
(1) is eighteen (18) years of age or older,
(2) does not have a mental disability, and
(3) is determined by the court to be capable of
managing the child’s financial affairs.
2. The parent, the child, if the child is eighteen (18) years
of age or older, or other person may not transfer or assign the
cause of action to any person, including a governmental or private
Oklahoma Statutes - Title 43. Marriage and Family Page 59
entity or agency, except for an assignment made to the Title IV-D
agency.
D. 1. A suit under this section may be filed:
a. regardless of the age of the child, and
b. as an independent cause of action or joined with any
other claim or remedy provided by this title.
2. If no court has continuing, exclusive jurisdiction of the
child, an action under this section may be filed as an original
suit.
3. If there is a court of continuing, exclusive jurisdiction,
an action under this section may be filed as a suit for modification
pursuant to Section 115 of this title.
E. In determining the amount of support to be paid after a
child’s eighteenth birthday, the specific terms and conditions of
that support, and the rights and duties of both parents with respect
to the support of the child, the court shall determine and give
special consideration to:
1. Any existing or future needs of the adult child directly
related to the adult child’s mental or physical disability and the
substantial care and personal supervision directly required by or
related to that disability;
2. Whether the parent pays for or will pay for the care or
supervision of the adult child or provides or will provide
substantial care or personal supervision of the adult child;
3. The financial resources available to both parents for the
support, care, and supervision of the adult child; and
4. Any other financial resources or other resources or programs
available for the support, care, and supervision of the adult child.
F. An order provided by this section may contain provisions
governing the rights and duties of both parents with respect to the
support of the child and may be modified or enforced in the same
manner as any other order provided by this title.
Status: in_force · Read it on the official government site
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