Child Support in Oklahoma
The Information You Need To Know from an experienced Oklahoma Child Support Attorney
By Joshua C. Smith
Parents have a legal duty protect and educate their children. When parents separate, the state has a duty to ensure that parents provide for their children. The obligation to provide for children continues until the child is 18 years of age or graduates high school. Parents can not waive their obligation to pay child support as a matter of public policy.
Courts in Oklahoma set child support amounts according to Oklahoma’s Child Support Guidelines. The statutory guidelines determine the amount of support that parents at particular income levels are required to spend on their children. Child support calculated under the guidelines is presumed by law to be the correct amount of child support.
“It is crucial that you seek quality legal assistance immediately to ensure the best possible outcome”
Child Support Guidelines set child support based on How much money the parents earn or can earn. How much other income each parent receives. How many children the parents have to support. How much time each parent spends with their children. How much support is paid for children from other relationships. The amount of health insurance expenses. The amount of daycare expenses and several other other factors.
CHILD SUPPORT GUIDELINES
In order to accurately calculate the amount of support owed, one must determine each parents adjusted gross income. Adding the numbers together equals the family’s combined gross family’s income. To calculate gross income, take the actual monthly income. If currently unemployed, take the the average monthly income while employed during the previous three (3) years or minimum wage paid for a forty-hour work week. A court may also impute monthly income for a person with comparable education, training and experience.
For people self-employed, gross income is defined as “gross receipts minus ordinary and necessary expenses required for self-employment or business operations.”
The Oklahoma Child Support Guideline Schedule is used to determine the parents’ base child support. The schedule is based on the combined income of both parents and the number of children in the household. Each parent’s percentage share of the combined gross monthly family income sets that parent’s percentage share of the base child support obligation. The parent who is not the primary custodian of the child generally becomes the “obligor,” and pays the primary custodian his or her share of the base support.
The actual medical and dental insurance premiums for the child are allocated between the parents in the same proportion as their adjusted gross income and added to the base child support obligation.
Modification Of Child Support
The court may modify or change a child support order whenever there is “a material change in circumstances.” Courts have held that a material change of circumstance can be an increase or decrease in the obligor’s income, an increase or decrease in obligee’s income, or a change in the needs of the child. Ordinarily, a parent’s increased or decreased expenses due remarriage, are not by themselves grounds to modify child support. Child support is based on income, not expenses.
However, child support may not be modified retroactively. Only future payments can be modified. If you think child support should be modified, you should act right away because failing to act can be a costly mistake.
Failure to Pay
Most court-ordered child support is owed until it is paid in full. All current court-ordered child support payments become judgments on the date they are due. All child support payments do not expire until they are paid. The primary ways to collect past due child support are contempt of court and license revocation. Contempt of court is violating a court order. The obligee parent may apply to the court for a citation against the obligor parent alleging contempt of court for failure to pay child support. To be found guilty of contempt, there must be an existing court order for child support that the obligor has knows and a willful failure to pay.
A finding that an obligor is guilty of contempt of court carries a penalty of up to six months in jail, and a fine of up to $500 per violation. The purpose of the jail sentence and fine is not to punish the non-paying parent, but to coerce compliance with court orders. Courts generally encourage and allow parents owing support to prevent contempt by paying their past due support obligation in a lump sum, or in installments. In addition, an obligor may have any state issued license revoked for failure to pay child support. For example, an obligor may have their hunting, fishing, driving, boating, concealed weapon, or other recreational license revoked.
Decrease Your Payments
It is crucial that you seek quality legal representation immediately to ensure the best possible outcome in your case. Hiring an experienced child support attorney can ensure that your child support payments are fair and reasonable. Joshua C. Smith is an experienced child support attorney in Oklahoma. He will provide you with invaluable advice on how to best resolve your case.