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DEPARTMENT OF HUMAN SERVICES v. AUSTIN

No. 106,473. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

232 P.3d 936 (2010)

2010 OK CIV APP 52

DEPARTMENT OF HUMAN SERVICES, Plaintiff/Appellee, v. Mark AUSTIN, Defendant/Appellant, v. Kelly Shadid, Third-Party Appellee.

Court of Civil Appeals of Oklahoma, Division No. 3.

April 16, 2010.

Attorney(s) appearing for the Case

Holly Hefton, Holly Hefton, P.C., Oklahoma City, OK, for Defendant/Appellant.

Danny K. Shadid, Danny K. Shadid, P.C., Oklahoma City, OK, for Third-Party/Appellee.

BAY MITCHELL, Judge.

¶ 1 Defendant/Appellant, Mark Austin (Father), seeks review of an order denying his "Motion for Repayment of Child Support Over Payments." On appeal, Father argues he is entitled to credit for child support payments he voluntarily made from February 2006 thru September 2007, during which time the child was also receiving social security benefits arising from Father's disability.

¶ 2 One child was born to the unwed parties, Father...

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