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Legal Separation

Question:

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?

Answer:

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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