The amount of Oklahoma child support that you pay is determined by guidelines set in the state’s statutes. However, a Tulsa judge or the parents can set different amounts if the situation warrants it. Okla. Stat. tit. 43 § 118
Oklahoma Child Support Overview
Parents have a legal and moral duty to take care of their children and should never let that duty fall on the public. Parents’ responsibility to their children continues even when a marriage ends in divorce. In case of significant disputes, family courts order the amount of Oklahoma child support to be paid to ensure the children are adequately cared for.
However, courts also consider the income of parents when determining child support. Thus, the courts do not expect parents to pay beyond their ability.
Here are the guidelines that courts follow when determining Oklahoma child support payments.
1. The gross income of both parents is determined and added together. Gross income is decided by getting the average salary paid to each parent over the last three years. It can also be determined as follows:
- The actual amount earned weekly.
- The minimum hourly wage for a 40-hour week.
- The court can attribute a figure by considering the amount received by a person with the same education, training, and experience.
- For self-employed parents, their income is determined and the expenses required to run the business are subtracted.
2. After getting the sum of the gross income of both parents, the court looks at how many children are being supported.
3. Another thing the court considers is how much time each child spends with the parents. This is a critical factor that courts look at when arriving at the amount to be paid in child support. The amount of time spent with each parent is calculated by determining, for example, the number of overnights.
4. The court also calculates the amount of money each child requires for dental and medical insurance and daycare.
Online child support calculators take into account the above factors.
How Adjustments Can Be Made to Calculate Amounts
Some factors can lead to adjustments in the child support paid by a parent who does not have custody of the child. If:
- the child spends at least 121 nights with the parent for 12 months, or
- a parent spends a varying amount of time with each of the children from a past marriage, and the average parenting time with all the children is calculated,
the amount paid in child support can be adjusted. In the second instance, where parenting time is split, any of the involved parents could be eligible for Oklahoma child support adjustments.
The best interests of the child are looked at when allowing adjustments to child support. If any changes would negatively affect the ability of a parent who has custody of a child to care for them, it is not allowed.
Also, if one of the parents suffers extreme financial hardship or the child incurs high medical bills not covered by insurance, there can be adjustments to child support.
Are you having issues with your child support? Talk to a Tulsa child support attorney today.
Do not jump to any conclusions regarding your case before you talk to an attorney. Every child support situation is unique. Do not walk the path alone without the invaluable support of a legal expert.
Initial Strategy Session: Tulsa Child Support Attorney
For a no-obligation initial consultation on all matters regarding your Oklahoma child support payments, call Seventh Street Law Firm’s Tulsa attorney at 918-932-2777.
If you prefer e-mail correspondence, please send your question or inquiry using the form at the right side of this page.