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.