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