What is child support?
Child support is when the court requires one or both parents to make regular payments for a child’s living and medical expenses. Parents have a legal duty to provide financial support for their children.
How long does child support last in Oklahoma?
Child support must be paid until the child turns 18 years old. However, if the child is in high school at the time they turn 18, support will continue until they either graduate or turn 19 years old. Moreover, if a child is physically or mentally disabled child support may be awarded beyond the age of 19.
Furthermore, the obligation ends as long as there is no past-due support owed. If there is back child support owed, the paying parent will continue to make support payments until there is an order to stop doing so or paid in full. How is child support supposed to be paid? Unless the custodial parent agrees to a different method to receive payment, child support is usually paid through a wage assignment. A wage assignment is when Oklahoma sends an order to the obligor’s employer that directs them to withhold a portion of their earnings for child support. This income is then sent to the Centralized Support Registry from the Department of Human Services in Oklahoma, where it is officially recorded as paid and then forwarded to the custodial parent.
Every child support order states what date the payment must be made, and failure to do so could result in serious consequences. Not paying child support can result in fines, court sanctions, or even the loss of a driver’s or professional license.
How is child support determined in Oklahoma? All child support orders are determined under the state of Oklahoma’s basic child support guideline. The guidelines were established to calculate the minimum amount of child support to be paid by a parent.
There are several factors the court will consider when determining child support. First, the court looks at the adjusted gross income of both parents and then adds both together to get the combined gross monthly family income. Then using the Oklahoma Child Support Computation Calculator, the court or you can determine the parents’ base child support. The guideline schedule depends on:
· How much money the parents earn or can earn.
· How much other income each parent receives.
· How many children these parents have together.
· How much time each parent spends with their children.
· Support paid for children from other relationships.
· Health insurance expenses.
· Daycare expenses.
· Other factors.
Child support may also include other costs such as:
· Traveling for visitation from one parent to another.
· Educational expenses.
· Other special needs.
The primary custodian of the child will then receive support from the noncustodial parent, also known as the obligor.
The child support computation calculator can be found at: https://oklahoma.gov/okdhs/services/child-support-services/computation.html
Can I get child support for the time before the child support order was entered? Generally, you will receive child support from the day that you filed your case asking for child support. However, you may be able to petition for back child support. How do I know how much the other parent is earning each year for child support purposes? Oklahoma law allows you to request the other parent's income information once per year on or after April 15th. Oklahoma Statute 43 O.S. 118.3 specifically states that On or after April 15th of each year, the obligor or obligee may make a written request to the other party for the other party's previous tax year W-2 forms, 1099 form, or other wage and tax information. This request shall be served upon the other party in the same manner prescribed for the service of summons in a civil action, and the original request shall be filed in the court file. The party receiving such a written request shall provide the requesting party a copy of the requested information by certified mail within ten (10) days of receiving the written request. If a motion to modify child support is subsequently filed by the requesting party, and it is shown to the court that the non-moving party failed to comply with this section, the court may award the moving party his or her attorneys fees and costs incurred as a result of the failure to provide requested information. Will I owe child support if I have my child 50% of the time?
In Oklahoma, if you have your child 50% of the time, one parent may owe child support. If one parent earns more than the other parent it is probable that the parent who earns more will owe child support. This allows the child to maintain a similar living standard with both parents. Can parents agree to pay no child support or to pay a different amount of child support in Oklahoma? If either parent is receiving DHS assistance such as SoonerCare or daycare help the parents cannot agree to less child support unless DHS agrees to the reduction as well. If neither parent is receiving DHS assistance the parents can agree to deviate from the child support guidelines to pay less or even no child support. The parents must provide reasons for the deviation to the judge and the judge must approve the deviation. A parent can also agree to pay more child support than the guidelines require and that agreement will be binding on the parties.
What if the other parent quits working so they won't have to pay child support? In Oklahoma, if the court finds a parent is not working in an attempt to pay less child support, the court has the authority to use the parent’s previous income for child support purposes or use an income for that parent that the court determines is equitable to do so. Can child support be modified in Oklahoma?
Child support can be changed if there has been a “material change in circumstances.” The change must be proven in order to warrant the modification. Here are a few changes that may require a child support modification:
· An increase or decrease in the obligor’s income
· An increase or decrease in the obligee’s income
· A change in the needs of the child
If a parent’s expenses have decreased or increased because of other reasons like they got remarried, a modification would not be appropriate. This is because child support amounts are based on the parent’s income, not their expenses.
Further, child support modifications cannot be made retroactively. It only applies to future payments.
What if the other parent moves out of state and wants to modify the Oklahoma child support order in the new state?
The child support order cannot be modified in the new state, as long as one parent remains in the state where the original child support was ordered, only that state can modify child support.
The only way another state can modify child support is if both parents move out of the state or the parent remaining in the original state agrees in writing to allow the new state to modify child support.
Remember child support assists with the needs of the child.
The Law Office of Cathryn D. Gibbs is here to help you with your child support questions and needs. We hope this information was helpful. If you have any questions or need assistance with child support, please book a consultation online or contact our office. We look forward to working wi
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