property of minor - Guardianship of minor with living parent - Child support. A. If any minor, having a parent or parents living, has property, the income of which is sufficient for his or her maintenance and education in a manner more expensive than such parent or parents can reasonably afford, regard being had to all of the circumstances of the case, the expenses of the education and maintenance of such minor may be defrayed out of the income of the property of the minor in whole or in part, as judged reasonable and as directed by the court. The charges therefor may be allowed accordingly in the settlement of the accounts of the guardian of the minor. B. Except as provided in subsection A of this section: 1. Any order appointing a guardian of the minor who has a living parent or other person legally responsible for the support of the child shall: a. provide for the payment of child support by each parent or other responsible party pursuant to the Oklahoma child support guidelines as set forth in Sections 118 and 119 of Title 43 of the Oklahoma Statutes. Each parent, including parents who reside together, shall be individually ordered to pay the percentage of the total monthly child support obligation attributable to that parent, and b. contain an immediate income assignment provision pursuant to Section 115 of Title 43 of the Oklahoma Statutes; 2. The court may defer the issue of establishment or enforcement of child support to the appropriate administrative or district court when child support services are being provided pursuant to the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes; and 3. Any guardianship or conservatorship for a minor created on or after December 1, 2000, shall comply with the provisions of this subsection. Guardianships or conservatorships for a minor in existence prior to December 1, 2000, shall comply with the provisions of this subsection as ordered by the court. C. In any guardianship in which provision is made for the custody or support of a minor child or enforcement of an existing custody or support order or before hearing the matter or signing any orders, the court shall inquire whether public assistance money or medical support has been provided through the Department of Human Services, hereafter referred to as the Department, for the benefit of each child, or whether the Department is providing child support services pursuant to the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes. If public assistance money, medical support, or child support services have been provided for the benefit of the child, the Department shall be a necessary party for the adjudication of the debt due to the state, as defined in Section 238 of Title 56 of the Oklahoma Statutes, and for the adjudication of paternity, child support, and medical insurance coverage for the minor children in accordance with federal regulations. When a guardianship action is filed, the petitioner shall give the Department notice of the action according to Section 2004 of Title 12 of the Oklahoma Statutes. The Department shall not be required to intervene in the action to have standing to appear and participate in the action. When the Department is a necessary party to the action, any orders concerning paternity, child support, medical support, or the debt due to the state shall be approved and signed by the Department. R.L.1910, § 6535. Amended by Laws 1988, c. 329, § 32, eff. Dec. 1, 1988. Renumbered from § 802 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 2000, c. 385, § 14, eff. Nov. 1, 2000; Laws 2008, c. 407, § 18, eff. Nov. 1, 2008.
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