How do I calculate child support?
What does the law say?
Title 43 Section 118D
A. All child support shall be computed as a percentage of the combined gross income of both parents. The Child Support Guideline Schedule as provided in Section 119 of Title 43 of the Oklahoma Statutes shall be used for such computation. The child support obligation of each parent shall be computed. The share of the obligor shall be paid monthly to the obligee and shall be due on a specific date.
B. In cases in which one parent has sole physical custody, the adjusted monthly gross income of both parents shall be added together and the Child Support Guideline Schedule consulted for the total combined base monthly obligation for child support.
C. After the total combined child support is determined, the percentage share of each parent shall be allocated by computing the percentage contribution of each parent to the combined adjusted gross income and allocating that same percentage to the child support obligation to determine the base child support obligation of each parent.
D. 1. In cases of split physical custody, where each parent is awarded physical custody of at least one of the children for whom the parents are responsible, the child support obligation for each parent shall be calculated by application of the child support guidelines for each custodial arrangement.
2. The parent with the larger child support obligation shall pay the difference between the two amounts to the parent with the smaller child support obligation.
E. Child support shall be computed as set forth in subsections A through D of this section in every case, regardless of whether the custodial arrangement is designated as sole custody or joint custody.
F. The court, to the extent reasonably possible, shall make provision in an order for prospective adjustment of support to address any foreseen changes including, but not limited to, changes in medical insurance, child care expenses, medical expenses, extraordinary costs, and the satisfaction of jointly acquired debt of the parents used as a deduction from the gross income of a parent.
G. Transportation expenses of a child between the homes of the parents may be divided between the parents in proportion to their adjusted gross income, so long as the payment of such expenses does not significantly reduce the ability of the custodial parent to provide for the basic needs of the child.
H. The social security numbers of both parents and the children who are the subject of a paternity or child support order shall be included in the support order summary form provided for in Section 120 of Title 43 of the Oklahoma Statutes.
I. A completed support order summary form shall be presented to the judge with all paternity and child support orders where the Department of Human Services is not a necessary party pursuant to Section 112 of Title 43 of the Oklahoma Statutes. No such order shall be signed by the judge without presentation of the form.
What does all of this mean?
One of the first things to notice is that child support is based on the combined gross income of both parents not just the non-custodial parent, and not just the father. It is calculated by percentage. Many different factors contribute to the percentage that is ultimately decided. It can depend on how many children are involved, whether any of the children have special healthcare needs, and whether the parents have shared custody, or one parent was awarded custody and the other, visitation.
Whatever your circumstance, you deserve a loyal and trustworthy advocate. It is important that you sit down with your attorney and discuss thoroughly the options that you have and the things that really matter to you. We will help you figure things out. We are good at asking questions, and we are good at getting results. Call us today.
Help!
There are a lot of moving parts in a paternity proceeding and it can be very difficult to navigate. This is where experience and compassion matter. Boeheim Freeman Law is committed to helping you through this process and providing you with the best legal representation and counsel. Why hire an attorney, when you can hire a team?