DHS involvement in Child Support

[AllOut]

I remember reading (on here iirc) about some horror stories and BS about dealing with DHS in paying child support. A lot said to keep their involvement out of it if possible and make the payments yourself.

Looking over a draft dacree before mediation here in a bit, my lawyer put in that payment is withdrawn from my work check automatically through DHS. I told her I didn't want that and she informs me that it's Oklahoma statute and has to be done that way.
Is this true? I've never heard of that and know plenty of people who pay (or don't) but none of it goes through DHS at all.
Anyone recently go through a divorce and not have DHS involvement in their paying of CS?

 

[BadgeBunny]

Yep, it's true. Several years into GC's child support payments (which we NEVER missed or were late on BTW), he got a notice from payroll that DHS was going to handle that money from then on out. Was a godsend as far as I was concerned.

They never messed up on our end but she did receive some late payments IIRC. However, once the money was gone from GC's account and in DHS' hands, his ex- was their problem.

 

[victor3ranger]

To my knowledge your lawyer is wrong.

Now, if the ex gets some sort of help from the State like Sooner Care or something like that then I think that is the way it has to be, but for plain old child support its not.

I may be wrong so if I am someone who knows please chim in.

 

[Danny Tanner]

It's statute.

A district court judge can make an exception and order it otherwise, but it's rare. And when ex wifey gets on state benefits, it doesn't matter, it goes through DHS.

Per my wife who works for child support enforcement.

 

[Cavedweller]

Same thing happened to me almost 10 yrs ago. I was paying child support without DHS getting involved, next thing I knew my check was being garnished. DHS said all the payments I had made directly to Ex-wife did not count and were considered gifts in their eyes. DHS said garnishing is how they did it all Luckily it all got worked out, but I did have to have my Ex handle it (we split on good terms) them, they would not talk to me and when they did they were very rude. Now I kinda like the garnishment, I don't have to worry about it and the $$$ goes straight into a savings account for my son.

 

[victor3ranger]

My divorce was sseveral years ago and I still pay support but it dosen't go thru DHS. Is this something new??

 

[AllOut]

My divorce was sseveral years ago and I still pay support but it dosen't go thru DHS. Is this something new??

Not sure how new the statute is
But I just got off the phone with one of my best friends who divorced last year and he said his doesn't go through DHS. The he personally hands her a check every month.

So....
Should I just go ahead and go through using DHS? Or try and fight it and pay her personally?

 

[twoguns?]

It's statute.

A district court judge can make an exception and order it otherwise, but it's rare. And when ex wifey gets on state benefits, it doesn't matter, it goes through DHS.

Per my wife who works for child support enforcement.

This is the determining factor

 

[twoguns?]

Not sure how new the statute is
But I just got off the phone with one of my best friends who divorced last year and he said his doesn't go through DHS. The he personally hands her a check every month.

So....
Should I just go ahead and go through using DHS? Or try and fight it and pay her personally?

She will have to tell dhs to piss off , Im sure her att is telling her to do it this way.

If you get along, it would greatly behoove you to be extra very nice to get dhs ,,,OUT .
They are like leeches once they get ya , they try to control ya...oh wait ..thats what exes do,,,JK

Try and keep dhs out if you can... Good Luck, I feel your Pain

 

[BadgeBunny]

This is the determining factor

Don't think so. GC's ex- wasn't on any kind of assistance. I don't recall the statute but I do recall that unless the judge granted you an exception it was mandatory. I imagine you could find the statute on OSCN.net if you were really interested. I'm gonna defer to Danny's wife since she does this for a living.