[Previous] [Next]
§10-83.
§10-83.
A. An individual who has been legally determined to be the father of a
child pursuant to Section 70 of this title, or an individual who has
been judicially or administratively determined to be the father of a
child is liable for the support and education of the child to the same
extent as the father of a child born in wedlock.
B. 1. An action to enforce the obligation of support and education may
be brought by the mother or custodian or guardian of the child, by the
public authority chargeable with the support of the child, or by the
child.
2. An action to determine paternity and to enforce this obligation may
be brought any time before the eighteenth birthday of the child. An
action to establish paternity under this act shall be available for
any child for whom a paternity action was brought and dismissed
because of the application of a statute of limitations of less than
eighteen (18) years.
3. If paternity has been legally determined pursuant to Section 70 of
this title, or judicially or administratively determined, an action to
enforce this obligation of support may be brought within the time
periods specified by paragraph 7 of Section 95 of Title 12 of the
Oklahoma Statutes.
4. The father's obligation to support is terminated if the child is
adopted.
5. The court may order the payments made to the mother or custodian or
guardian of the child, or to some other person, corporation or agency
to administer under the supervision of the court.
C. 1. An individual who has been legally determined to be the father
of a child pursuant to Section 70 of this title, or an individual who
has been judicially or administratively determined to be the father of
a child 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 five (5) years preceding the filing of
the action.
2. Copies of bills for pregnancy, child birth, and genetic testing are
admissible as evidence without requiring third-party foundation
testimony, and shall constitute prima facie evidence of amounts
incurred for such services or for genetic testing on behalf of the
child.
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.
E. 1. When a civil or administrative action is filed to determine
paternity of a minor child, an interested party may request the court
to enter a temporary order for support of the child pending a final
determination of paternity. The application for temporary support
shall set forth facts supporting the application and shall be verified
by the party or entity seeking the order. The application and notice
of hearing shall be served as in other civil cases.
2. After service of the application and opportunity for hearing, the
court shall enter a temporary order for support if the court finds
there is clear and convincing evidence of paternity, including, but
not limited to:
a. a genetic test which establishes a rebuttable or conclusive
presumption of paternity pursuant to Section 504 of Title 10 of the
Oklahoma Statutes,
b. a notarized written statement acknowledging paternity of the child
executed by the putative father,
c. a presumption of paternity pursuant to Section 2 of this title, or
d. other evidence which establishes a high probability of paternity.
3. Temporary orders for support shall be established in accordance
with the child support guidelines pursuant to Section 118 of Title 43
of the Oklahoma Statutes. A temporary support order terminates when a
final judgment is entered which establishes support or when the action
is dismissed. A temporary support order shall not be retroactively
modified, but it may be modified prospectively before final judgment
upon motion of an interested party and a showing of facts supporting a
modification.
[Previous] [Next]