State ex rel. Department of Human Services ex rel. Jones v. Baggett
Case Details
- Judge(s)
- Lavender, Hargrave, Hodges, Wilson, Kauger, Watt, Simms, Summers, Opala
- Status
- Published
- Procedural Posture
- Certiorari to Court of Civil Appeals; appeal from District Court of Beckham County, Oklahoma; Supreme Court reversed in part and remanded
Related Laws
No specific laws identified for this ruling.
Outcome
Supreme Court vacated in part and remanded the trial court's judgment requiring an incarcerated father to reimburse AFDC payments and set child support at $109/month, finding insufficient evidence regarding AFDC reimbursement amount and mother's gross monthly income.
Excerpt
CERTIORARI TO THE COURT OF CIVIL APPEALS, DIVISION II APPEAL FROM THE DISTRICT COURT OF BECKHAM COUNTY, STATE OF OKLAHOMA HONORABLE DOUG HAUGHT, TRIAL JUDGE ¶ 0 The trial court judgment (1) ordered father — a prison inmate — to reimburse the Oklahoma Department of Human Services for monies allegedly paid to mother for the support of child under the Aid to Families with Dependent Children (AFDC) program and (2) set his continuing/future child support obligation at $109 per month. Father appealed and the Court of Civil Appeals affirmed. Held: The trial court erred in entering a judgment for AFDC reimbursement without being presented evidence to show the amount of AFDC payments to mother. Further, although under Oklahoma's child support statutes (a) appellant's present lack of income and earning capacity due to his incarceration, coupled with his lack of assets, did not mandate that the trial court use zero for his gross monthly income in figuring his child support obligation and (b) it was proper for the trial court to attribute a gross monthly income to him based on the minimum wage for a 40 hour work-week, error occurred in setting the child support obligation at $109 per month because there was no evidence concerning mother's gross monthly income. CERTIORARI PREVIOUSLY GRANTED; COURT OF CIVIL APPEALS' OPINION VACATED IN PART; TRIAL COURT JUDGMENT REVERSED IN PART AND MATTER REMANDED FOR FURTHER PROCEEDINGS.
What This Ruling Means
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