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Legal Separation


We have a case where the parties agreed to a legal separation that addresses child support.  It is signed by the parties and filed in district court under a FD number, but there is no judge’s signature or judicial order.  Is this enforceable?


CSS cannot enforce this separation agreement.  Based on both state law and CSS policy, CSS cannot enforce written agreements that are not memorialized in court orders.  In 340:25-1-2, Legal base, for example, policy states that CSS enforces “child support orders.”  Sections of the Oklahoma Statutes, including 43 OS § 110(D) and 43 OS § 112(A)(1), also support this.  In this case, CSS will have to request the parties memorialize the separation agreement in a court order or establish a child support order before we can collect child support based.

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