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What is Child Support in Oklahoma?
In the state of Oklahoma, statutes state that all families incur certain child-rearing expenses. Basic child support calculations include factors such as the parents' combined income and number of children, cost of housing, food, transportation, basic public educational expenses, clothing, and entertainment. Oklahoma prescribes standard child support guidelines, which are specifically made to take into account the various factors listed above and calculate the amount of child support payment the parent is to make.
If you need to initiate or modify a child support case, it is important to have an experienced family law attorney on your side. Ball Morse Lowe’s Family Law team has the knowledge and experience to ensure that your child support case is decided with the best interest of the child in mind and that your rights are protected.
How is Child Support Calculated?
Child support in Oklahoma is calculated by gross monthly income, which the state of Oklahoma defines as a combination of earned income and passive income. It is crucial for the court to have a clear understanding of the earned and passive income of both parties in order to ensure that the child support calculations are accurate and fair, and that the child support awarded will serve the best interests of the children.
Earned Income: Earned income is defined as income received from labor and/or the sale of goods. Essentially, it is the income you receive from working. Earned income includes things such as:
- Salaries
- Wages
- Tips
- Bonuses
- Commission
- Severances
- Military pay
Passive Income: The definition of passive income is a lot less obvious, but passive income is an important factor in determining child support payments. Passive income includes:
- Dividends
- Pensions
- Rent
- Interest income
- Trust income
- Support alimony
- Annuities
- Social Security benefits
- Worker’s compensation
- Unemployment benefits
- Disability insurance benefits
- Gifts, prizes, gambling winnings, or lottery winnings
- Royalties
Income Excluded From Child Support Calculations in Oklahoma: There is also income that may be excluded from child support computations, such as child support received for other children in the home not included in the calculations, adoption assistance subsidies from the state, government-funded assistance programs, payments received by the parent of a child for that child, and payment for the care of foster children.
Adjustments and Deductions to Gross Monthly Income: A parent making child support payments may receive deductions for other children who are qualified under statute that are not part of the case under consideration. They may be considered by the court for the purpose of reducing the gross income of the parent. Adjustments are available after taking into consideration the following factors:
- Who is the biological, legal, or adopted child of the parent
- Who was born prior to or after the child in the case under consideration
- Which child or children the parent is actually supporting who are not before the court to set, modify, or enforce support in the case immediately under consideration
Children for whom support is being determined in the case under consideration, stepchildren, and other minors in the home that the parent has no legal obligation to support are not considered in the calculation of this deduction.
Consulting with an experienced family law attorney can help you navigate the complex matter of Oklahoma child support calculations. Call Ball Morse Lowe today if you are ready to initiate a child support case in Oklahoma.
Who Pays Child Support?
The party paying for child support is not always the presumed or biological father in a case. This is a common misconception. In fact, a mother can pay child support to a father. Determining who pays child support is based on three key factors: who has custody, how many overnights each party exercises, and the income of the parties.
If one party has sole legal custody of a child, and the other party simply has visitation, the noncustodial parent is the one who pays the child support. In cases where both parties have joint custody over the minor child or children, there are three ways to determine the obligor, or the party responsible for paying child support. Those three ways are:
- The parent with fewer overnights in a joint custody arrangement would be the obligor for child support purposes.
- If the parties have joint custody with equal time and equal decision-making, and one party has a higher gross income than the other, the party with the higher income typically will be ordered to pay child support.
- If both parties have joint custody, but one parent is the primary custodian, the other parent would be the obligor for child support purposes.
Can Child Support Be Modified or Terminated?
Yes, child support may be modified if circumstances materially change. Potential changes include, but are not limited to:
- an increase or decrease in the needs of the child
- an increase or decrease in the income of the parents
- incarceration of a parent for a period of more than 180 consecutive days
- changes in actual annualized childcare expenses
- changes in the cost of medical or dental insurance
- one of the children in the child support order reaches the age of majority or otherwise ceases to be entitled to support according to the support order
How Do I Modify a Child Support Order in Oklahoma?
The court shall apply the principles of equity in modifying any child support order due to changes in the circumstances of either party as it relates to the best interests of the children. In order to modify, information will be requested to provide evidence of the material change in circumstance. The requested information may include:
- Verification of income
- Proof of the children’s medical insurance
- Cost of the children’s medical insurance
- Current and projected childcare costs.
- Documentation of past and prospective overnight visits shall be exchanged if shared parenting time has been awarded by the court
On or after April 15th of every year, either party may make a written request to the other party for their previous tax year W-2s to see if income has changed. This request must be served upon the other party. If income has changed, a motion to modify may be filed by either party to reduce or increase child support.
Do you need help serving a request to the other party? Ball Morse Lowe’s Family Law team has experience facilitating the serving of requests for income information. We can help you see if your child support order should be modified and aid you in filing a motion to modify.
When Does a Child Support Order Terminate in Oklahoma?
Child support obligations normally terminate upon the child/children reaching the age of majority (18 years old). If they are 18 and still enrolled in high school, a GED program, or other high school equivalent, child support payments will continue until that child graduates and/or turns 20 years of age while still enrolled in said schooling. If more than one child is included in the child support computations and one or more ages out, the child support payment will need to be modified to remove the child or children who have aged out, as this does not occur automatically.
Determining when a child support order should be modified or terminated is often mystifying, as the factors that go into that determination are numerous and complex. Employing the aid of a knowledgeable child support lawyer in Oklahoma City can help you navigate the challenging process of modifying a child support order, ensuring your rights are protected and the best interests of the children are always prioritized.
Child Support Lawyers in Oklahoma – Ball Morse Lowe
The calculation, awarding, and modification of child support obligations can be a difficult, emotionally fraught matter to resolve. The best interests of the children must be prioritized above all else. This can sometimes lead to the parental parties needing to compromise with one another.
At Ball Morse Lowe, we approach child support cases with empathy and compassion. Our experienced family law attorneys focus on the best interests of the children while also ensuring your rights are protected. Call Ball Morse Lowe at 405.701.5355 or email us at clientintake@bml.law to schedule a free consultation.