Parents are legally obligated to provide for their children’s financial needs, regardless of custody. This obligation continues until the child is an adult and no longer a dependent under the law. If one parent has custody, the noncustodial parent may have to make child support payments to contribute their share of parental care. If the parties share equal visitation, the higher income earner will likely owe child support to the other.
If you are currently navigating a child support arrangement or are seeking to modify or enforce an existing child support court order, contact the family law attorneys at Talley, Turner, Stice & Bertman. Child support mediation can be fraught with emotion and tension, even in cases where divorce is amicable. We can represent your side in child support proceedings and help work towards your favored resolution. Contact our offices today to speak to a child support attorney in Oklahoma.
For over a decade, the team at Talley, Turner, Stice & Bertman has dedicated itself to helping Oklahoma residents with their family law issues. As an award-winning firm, we distinguish ourselves from others due to our unique collaborative approach to cases and priding ourselves in excellent client communication. Rather than individual practitioners, our lawyers approach each case as a team to ensure we are available to the client and protect the client’s experience during very emotional and tense situations. This collective approach allows us to consider multiple perspectives and devise novel strategies to address your legal problems.
One of the most challenging aspects of child support cases is ensuring a fair agreement for both sides. We have experience representing clients in child support cases and understand how to manage these cases with tact and empathy. We can work towards a resolution that satisfies both sides through proceedings that respect your and your family’s privacy and dignity.
Child support consists of a series of regular payments one parent makes to the other. In Oklahoma law, the noncustodial parent paying child support is called the obligor, and the parent receiving payments is the obligee. The point of these payments is to contribute to expenses for the child, such as:
Child support amounts are based on each parent’s capacity to contribute financially to the child’s life and factors such as income, childcare expenses, medical insurance, and parental time. Child support is typically part of a divorce agreement, but unmarried parents can request a child support agreement through Oklahoma Child Support Services (CSS).
Oklahoma uses what’s known as an income share model to calculate child support awards. Under this system, the state takes both parents’ adjusted gross income (AGI) and calculates support rates based on the percentage they contribute. Income that counts towards an individual’s AGI includes:
After accounting for income sources, the state calculates AGI by gauging the parent’s actual monthly income or their average gross monthly income from the past three years. The court can also use the hypothetical income of someone with similar education, training, and experience. Self-employment income excludes ordinary and reasonable expenses necessary to generate said income (Ok. Stat. 43-118B).
After combining the two incomes, the court assigns percentages representing each parent’s share of the income. For instance, say A makes $7,000 a month and B makes $3,000 a month. The total AGI is $10,000 a month, while A’s share is 70 percent and B’s share is 30 percent.
After calculating a percentage share, the state will compare the combined AGI with the state’s child support schedule found in 43 O.S. § 119. From our previous example, a combined AGI of $10,000 comes out to $1,097 per month for one child. Each parent is responsible for their percentage share of this amount – e.g., A’s share is $768 while B’s share is $329. The parent who is not the primary custodian receives the other parent’s share.
Child support amounts can be impacted by other factors, most importantly, parenting time. The standard child support arrangement in Oklahoma assumes that the obligor takes care of the child between 70 and 90 nights per year. Shared parenting in Oklahoma is defined as each parent taking care of the child at least 120 nights per year. If the obligor cares for the child for more than 120 days, the state uses a formula to adjust child support payments. Further adjustment to parenting times could reduce payment responsibilities (Ok. Stat 43-118E).
Courts can factor in additional expenses, such as health insurance or educational costs. These additional costs are split according to the same percentage shares for regular support payments.
Parents may only request a child support modification if there is a substantial material change in circumstances. Changes that could justify modifying child support amounts include:
To modify an existing order, you must send a written request through CCS or through the court system in your district court case. The state can take up to 180 days to modify an order, potentially longer. During the hearing, the party seeking a change must prove a substantial change in circumstances. An attorney can help you prepare for a hearing and represent you in proceedings.
Child support payments are typically taken directly out of the obligor’s paycheck through a process called an income assignment. Their employer automatically withholds payments from their regular paychecks and sends them to CSS. The state allows alternate forms of payment, such as check, cash, bank transfer, and payment apps (ex., Zelle, Venmo, etc.). Child support orders are legally binding, and refusing to pay is against the law. Violators can be punished with fines, administrative penalties, and, in severe cases, criminal charges.
Contact the family law attorneys at Talley, Turner, Stice & Bertman if you have any more questions about Oklahoma’s child support laws and calculations.
How Long Do I Have to Pay Child Support?
Parents are obligated to continue making child support payments until the child turns 18 or graduates from high school, whichever comes later. In some cases, though, payments can continue until the child turns 20.
Is There a Maximum Amount for Child Support?
Oklahoma’s child support schedule caps out at an AGI of $15,000 a month. For incomes higher than that, the court uses the maximum schedule amount plus an additional amount determined on a case-by-case basis using what is referred to as a Smith analysis for high income families.
Do I Have to Pay Taxes on Child Support Payments?
No, child support payments do not count as income for the obligee, and the obligor cannot deduct them from their taxes.
The goal of any child support agreement is to support the best interests of the child. To that end, the attorneys at Talley, Turner, Stice & Bertman are proud to offer legal representation for parents in child support and other custody matters. We can use our decades of legal experience to guide you through child support issues and improve your likelihood of achieving the desired results.
Contact our offices online or call today for a case consultation with a child support attorney in Oklahoma.
