Oklahoma child support amounts are determined by the states child support guidelines. If you have children and are in the process of filing for divorce, or a paternity case, you will have additional hurdles aside from the already cumbersome task of dividing assets and debts with your spouse. The court requires that you and your child’s other parent agree on a child custody and visitation arrangement. If you are unable to do so, the court will make these decisions for you. In addition, the court will order Oklahoma child support payments. The Rogers County divorce cannot finalize until setting child custody, visitation, and support. Oklahoma child support is based upon the parents’ adjusted gross income. This is income after any applicable tax deductions. The monthly income of each parent will be calculated. This income can be determined using:
1.The average monthly income you receive (over the past 3 years if you receive various amounts each month)
2.The minimum amount you receive a month for working full-time, 40-hour weeks
3.Sales minus expenses if you self-employ
4.The average monthly income of someone who has your same job, experience, and education level
5.Actual monthly income if you make the same amount each month
Minimum Oklahoma Child Support Amounts:
Once calculating the adjusted gross income, the court will use the Oklahoma Child Support Guideline Schedule to estimate the minimum amount of child support needing to be paid in total. In Rogers County Child support is the amount of money it costs to provide for a child’s necessities. These necessities include food, clothing, education, living expenses, health insurance, and medical costs. The Guideline Schedule estimates how much parents should be spending monthly to pay for these necessities given their income level. The higher your income, the higher the monthly child support amount will be.
The Guideline Schedule looks at the adjusted gross income and number of children to determine the base amount. The Guideline schedule allocates responsibility for payments based on each parent’s income. If the mother and father both make $50,000 a year, their child support payments will be equal. If the mother makes $100,000 a year and the father makes $50,000 a year, the mother will be responsible for 2/3 of the overall monthly payment.
Claremore Child Support and Custody:
The custodial parent usually pays directly for child-rearing expenses because the child is in his or her care. The non-custodial parent will then make child support payments to the custodial parent. They are to reimburse him or her for some of these expenses. When one parent has sole custody of the child, calculating child support payments is relatively easy. This is because the non-custodial parent never pays for any expenses directly.
However, in what is known as a shared parenting situation in Oklahoma, if the non-custodial parent spends at least 120 nights caring for the child, Oklahoma courts assume the non-custodial parent is paying for at least some direct costs associated with raising and caring for the child. Thus, the formula used by the judge to calculate child support payments will adjust this non-custodial parent’s monthly obligation downward. This is done to reflect the direct expenses paid by this parent. If you would like to estimate potential child support payments, you can use the Oklahoma Department of Human Services’ Child Support Calculator.
Late Child Support Payments:
If you’re unable to stay current on your Oklahoma child support due to debt issues or lowered income, you need to notify the court immediately by filing a motion to modify the child support. The Oklahoma judge may permit you to decrease your monthly payments temporarily or pay every other month. If you are unable to pay or refuse to pay and you do not first notify the court of the circumstances, you face contempt. When a court determines the child support payment you are to make monthly, the court will issue a child support order. This is a court order that is binding. If you violate the court order, you are in contempt of court.
Often times, the judge does not know if and when you violate the court order by failing to pay. However, the custodial parent may file a motion for contempt, demanding the past due amount. If you do not become current on your payments, the judge may find you in contempt of court. This can result in jailtime until you satisfy your past-due obligation.
Free Consultation About Oklahoma Child Support:
If you’re asking for or getting ready to pay child support call Claremore Attorneys at Kania Law Office today. We can help you resolve all child custody and child support issues. This includes divorce, paternity or a custody modification of an existing custody agreement. Call us for a free consultation or go to our Claremore attorneys blog for additional information
