Among the many facets of a child custody and support case is law used for calculating child support. The process, while it may seem daunting, is not as tedious as it may appear. This article will summarize it for you, including the idea of proportional income contribution.
Statutes Used for Calculating Child Support
The elements that the statutes consider when calculating child support are under 43 Okla. St. § 118-120. These provide the definitions and factors necessary to understand the laws.
- The oblige is the person who will receive the support payments for the child.
- The obligor is the person making the payments.
- Gross monthly income assessment for each party
- Statutory adjustments that apply to the parties’ incomes (alimony, disability, etc.)
- Health insurance premiums and/or cash medical premiums
- Other continuous heathcare costs
- Child care expenses of each party
- The amount of overnight visits the child has (aka: shared parenting credit)
Actual Calculation of Child Support
How Much the Child Needs—
To determine how much child support a child requires the state uses § 118. This applies specific factors to the specific situation. These include: (1) number of children living in the home, (2) living expenses (housing and food), (3) any transportation or other expenses involved with visitation between the two parties, (4) public education expenses (clothing, supplies), and (5) clothing and entertainment for the child.
Obligation of Each Parent—
When the courts consider the obligation each parent has to pay, it attempts to use an equitably proportional approach. This means the courts will first
consider the gross income of both parties. Once this is established, courts will then figure the percentage each parent contributes to the gross income.
For example, if you make $20,000 annually and your co-parent makes $80,000 annually then the gross income is $100,000. The courts will expect you to pay 20% of the costs, while the parent making $80,000 will be responsible for 80% of costs. Together these percentages equal 100% of costs.
YOU MAY FIND OUR ARTICLE ON PROPERTY DIVISION IN A DIVORCE HELPFUL.
It is important to note that this is a loose example of a calculation. The factors listed above will also play a role in adjusting the amounts from a baseline like this. So the more overnight visits a child has to the non-custodial parent’s home, then the less child support obligation the non-custodial parent will be required to pay, etc.
Child Support Attorneys
Our family lawyers understand that this can be a difficult process to go through alone. We have years of experience working with parties calculating child support amounts in the courts. So, let us streamline this process for you and cut through the red tape faster. First consultation is free.
