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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1783 By: Williams
AS INTRODUCED
An Act relating to children; amending 10 O.S. 2021,
Section 83, which relates to support of a child;
providing that father may be order ed to pay for
certain expenses; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
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 establish or enforce the obligation of
support and education may be brought by either parent, or other
custodial person, or the guar dian 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 Section 95 of Title 12 of the Oklahoma Statutes.
3. If the parental rights of a mother or father are terminated
in an adoption proceedin g, the obligation to support the child
ceases for the parent whose rights were terminated. Child support
arrearages are not affected by th e adoption of the child.
4. The court may order the payments made to either parent,
other custodial person, or the g uardian of the child, or to some
other person, corporation or agency to administer under the
supervision of the cour t.
C. An individual wh o 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 and
expenses related to the pregnancy and the reasonable expenses of
providing for the child, provided that liability for support
provided before the determination of paternity 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 c hild to
the same extent as the father and subject to the same limitation of
liability for any time she does not have custody of the child pr ior
to the establishment of paternity or an order for support.
As used in this subsection, "expenses related to the pregnancy"
shall include:
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1. Health insurance premiums while pregnant that are not paid
by an employer or government program;
2. Prenatal care;
3. Housing, food, and travel costs to and from appoint ments
related to the pregnancy ;
4. Medical and nonmedical costs related to the pregnancy,
including, but not limited to, any prescription or nonprescription
medication or supplements necessary o r beneficial to the pregnancy
and the life and health of the pregnant mother or t he baby; and
5. Any additional costs that the Department of Human Services
or a court determines to be an expense related to pr egnancy or
childbirth.
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.
Interest shall accrue on t he support amounts pursuant to Section 114
of Title 43 of the Oklahoma Statutes.
E. If both the mother and the fath er agree to change the
surname of the child to that of the father, the court may order the
name changed. Upon receip t 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 certificate to reflect
the name change. Commented [1]: BDERIV
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SECTION 2. This act shall become effective November 1, 2023.
59-1-5153 CMA 01/13/23