Oklahoma 2024 Regular Session

Oklahoma House Bill HB1783 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
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3232 HOUSE BILL 1783 By: Williams
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3838 AS INTRODUCED
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4040 An Act relating to children; amending 10 O.S. 2021,
4141 Section 83, which relates to support of a child;
4242 providing that father may be order ed to pay for
4343 certain expenses; and providing an effective date .
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5252 BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 10 O.S. 2021, Section 83, is
5454 amended to read as follows:
5555 Section 83. A. Both the mother of a child born out of wedlock
5656 and an individual who has been legally determi ned to be the father
5757 of a child by acknowledgment or by judicial or administrative order
5858 are each liable for the sup port and education of the child .
5959 B. 1. An action to establish or enforce the obligation of
6060 support and education may be brought by either parent, or other
6161 custodial person, or the guar dian of the child, by the public
6262 authority chargeable with the support of the child, or by the child.
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8989 2. An action to enforce this obligation of support may be
9090 brought within the time period specified by paragraph 8 of
9191 subsection A of Section 95 of Title 12 of the Oklahoma Statutes.
9292 3. If the parental rights of a mother or father are terminated
9393 in an adoption proceedin g, the obligation to support the child
9494 ceases for the parent whose rights were terminated. Child support
9595 arrearages are not affected by th e adoption of the child.
9696 4. The court may order the payments made to either parent,
9797 other custodial person, or the g uardian of the child, or to some
9898 other person, corporation or agency to administer under the
9999 supervision of the cour t.
100100 C. An individual wh o has been legally determined to be the
101101 father of a child pursuant to the Uniform Parentage Act shall be
102102 ordered to pay all or a portion of the costs of the birth and
103103 expenses related to the pregnancy and the reasonable expenses of
104104 providing for the child, provided that liability for support
105105 provided before the determination of paternity shall be imposed for
106106 two (2) years preceding the filing of the action. The mother shall
107107 be liable for the reasonable expenses of providing for the c hild to
108108 the same extent as the father and subject to the same limitation of
109109 liability for any time she does not have custody of the child pr ior
110110 to the establishment of paternity or an order for support.
111111 As used in this subsection, "expenses related to the pregnancy"
112112 shall include:
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139139 1. Health insurance premiums while pregnant that are not paid
140140 by an employer or government program;
141141 2. Prenatal care;
142142 3. Housing, food, and travel costs to and from appoint ments
143143 related to the pregnancy ;
144144 4. Medical and nonmedical costs related to the pregnancy,
145145 including, but not limited to, any prescription or nonprescription
146146 medication or supplements necessary o r beneficial to the pregnancy
147147 and the life and health of the pregnant mother or t he baby; and
148148 5. Any additional costs that the Department of Human Services
149149 or a court determines to be an expense related to pr egnancy or
150150 childbirth.
151151 D. The amount of child support and other support including
152152 amounts provided for in subsection C of this section shall be
153153 ordered and reviewed in accordance with the child support guidelines
154154 provided in Section 118 of Title 43 of the Oklahoma Statutes.
155155 Interest shall accrue on t he support amounts pursuant to Section 114
156156 of Title 43 of the Oklahoma Statutes.
157157 E. If both the mother and the fath er agree to change the
158158 surname of the child to that of the father, the court may order the
159159 name changed. Upon receip t of an order changing the child's
160160 surname, the State Department of Health, Division of Vital Records,
161161 shall correct its records and amend the birth certificate to reflect
162162 the name change. Commented [1]: BDERIV
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190190 SECTION 2. This act shall become effective November 1, 2023.
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192192 59-1-5153 CMA 01/13/23