Oklahoma 2023 Regular Session

Oklahoma House Bill HB2116 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2116 By: Swope
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38	38	AS INTRODUCED
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40	40	An Act relating to children; amending 10 O.S. 2021,
41	41	Section 83, which relates to support of a chi ld;
42	42	providing that father shall be liable for certain
43	43	expenses; and providing an effective date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
53	53	SECTION 1. AMENDATORY 10 O.S. 2021, Section 83, is
54	54	amended to read as follows:
55	55	Section 83. A. Both the mother of a child born out of wedlock
56	56	and an individual who has been legally determi ned to be the father
57	57	of a child by acknowledgment or by judicial or administrative order
58	58	are each liable for the sup port and education of the child .
59	59	B. 1. An action to es tablish or enforce the obligation of
60	60	support and education may be brought by either parent, or other
61	61	custodial person, or the guardian of the child, by the public
62	62	authority chargeable with the support of the child, or by the child.
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89	89	2. An action to enforce this obligation of support may be
90	90	brought within the time period specified by paragraph 8 of
91	91	subsection A of Sectio n 95 of Title 12 of the Oklahoma Statutes.
92	92	3. If the parental rights of a mother or father are terminated
93	93	in an adoption proceeding, the ob ligation to support the child
94	94	ceases for the parent whose rights were terminated. Child support
95	95	arrearages are not affected by the adoption of the child.
96	96	4. The court may order the payments made to either parent,
97	97	other custodial person, or the guardian o f the child, or to some
98	98	other person, corporation or agency to administer under the
99	99	supervision of the court.
100	100	C. An individual who has been legally determined to be the
101	101	father of a child pursuant to the Uniform Parentage Act shall be
102	102	ordered to pay all or a portion of the costs of the birth , lost
103	103	wages resulting from bed rest prescribed by a doctor and related to
104	104	the pregnancy, medical expenses accrued during and related to the
105	105	pregnancy, lost wages resulting from unpaid parental leave, and the
106	106	reasonable expenses of providing for the child, provided that
107	107	liability for support p rovided before the determination of patern ity
108	108	shall be imposed for two (2) years preceding the filing of the
109	109	action. The mother shall be liable for the reasonable expenses of
110	110	providing for the child to the same extent as the father and subject
111	111	to the same limitation of liability for any time she does not have
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138	138	custody of the child prior to the e stablishment of paternity or an
139	139	order for support.
140	140	D. The amount of child support and othe r support including
141	141	amounts provided for in subsection C of this section s hall be
142	142	ordered and reviewed in accordance with the child support guidelines
143	143	provided in Section 118 of Title 43 of the Oklahoma Statutes.
144	144	Interest shall accrue on the support amoun ts pursuant to Section 114
145	145	of Title 43 of the Oklahoma Statutes.
146	146	E. If both the mother and the father agree to chan ge the
147	147	surname of the child to that of the father , the court may order the
148	148	name changed. Upon receipt of an order changing the child 's
149	149	surname, the State Department of Health, Division of Vital Records,
150	150	shall correct its records and amend the birth certif icate to reflect
151	151	the name change.
152	152	SECTION 2. This act shall become effective November 1, 2023.
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154	154	59-1-6735 CMA 01/16/23