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Oklahoma Child Support
Child Support in Oklahoma
The custodial parent must provide for the education and support of the child to the best of his or her ability. If such support is inadequate, the noncustodial parent must assist in the support to the best of his or her ability.
Some of the noncustodial parent's property may be set aside for the custodial parent's use in supporting the child. In setting support, the courts consider:
Appropriate forms are provided by the Oklahoma Department of Human Services and are available from any court clerk. Support as shown by the guidelines is presumed to be correct unless it is shown to be unjust, unreasonable, inappropriate, or inequitable under the particular circumstances of a case.
Child support payments may be required to be paid through the clerk of the court. Security or bond may be required for the payments and income withholding may be used to guarantee the payments. Child support is described in Oklahoma Statutes Annotated; Title 43, Sections 110, 112, 118, 119, 121, and 136 and Title 56, Sections 235+.
The Oklahoma Child Support worksheet generates an appropriate Oklahoma child support obligation based on each spouse's income and other factors, such as taxes paid and retirement contributions.
Once this amount is determined it is essential to take a look at any appropriate Oklahoma child support deviation factors that may be applicable to the situation. Additional information about Oklahoma child support can be found in the Oklahoma state statutes.
Oklahoma uses the Income Shares Model to determine the amount of child support the noncustodial parent must pay. The Income Shares Model estimates the amount of support that would have been available if the marriage had not failed. This estimated amount is then divided proportionally to the parents according to each parent's income. It is easy to do this using the Oklahoma child support worksheet. Pay records typically substantiate the estimated incomes.
This routine takes into account both parents' gross income and applies a percentage to it based on the number of minor children they have together. The court takes the combined income of both parents and works out the proportion each contributes. That figure is then divided proportionately based on each parent's ability to pay and which parent has primary custody.
If the noncustodial parent has a higher income than the custodial parent, the noncustodial parent would then be responsible for the greater portion of the child support obligation; conversely, if the noncustodial parent has a lower income than the custodial, the noncustodial parent would then be responsible for the smaller portion of the child support obligation.
The child support worksheet generates an appropriate Oklahoma child support obligation according to each spouse's income and other relative numeric factors such as taxes paid and retirement contributions.
Other Expenses and Deductions
Extraordinary expenses are either add-ons, where the expense is added to the support payment, or deductions, where the amount is deducted, and indicated as either mandatory or permissive. Childcare is a mandatory deduction, and extraordinary medical expenses are a mandatory add-on.
Child Support Enforcement
More information about Oklahoma Child Support Enforcement can be found at their website.
Child support ends when the child turns 18 or when the child graduates from high school.
Oklahoma courts deviate when the factors in the case warrant it. Otherwise, support as shown by the guidelines is presumed to be correct unless it is shown to be unjust, unreasonable, inappropriate, or inequitable under the particular circumstances of a case.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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