Understanding Parenting Time Adjustment Factors
Hi, I’m Tulsa divorce attorney Keith Flinn. When it comes to determining child support in Oklahoma, a formula is used that includes a parenting time adjustment factor. This factor is based on the number of overnight visitations a non-custodial parent receives. It’s important to note that an overnight visitation is considered to be 12 or more hours of visitation in a day, not necessarily an overnight stay.
There are specific factors to consider when it comes to parenting time adjustments. Between 121 and 131 overnight visitations, the adjustment factor is two. For 132 to 143 overnight visitations, the factor is 1.75. And for 144 or more overnights, the factor is one and a half. These factors are used to reduce the child support obligation of the parent who is obligated to pay child support.
Documenting Parenting Time for Adjustments
It’s crucial to document the drop-off and pick-up times for physical custody with minors to accurately track the number of overnight visitations. This can be done through journaling and supplementing with documentary evidence such as text messages or digital timestamped photos. Failing to properly document visitations can result in a material change of conditions and retroactive child support judgments.
If a parent awarded more than 121 overnight visitations does not actually exercise that time, the court may consider it a material change of conditions. This can lead to retroactive child support judgments and a removal of the parenting time adjustment. However, parents can petition the court to reinstate the adjustment if they can prove they did exercise the visitations.
Seek Legal Advice for Parenting Time Adjustments
If you have questions or concerns about how parenting time adjustments work in Oklahoma, contact me, Oklahoma child support attorney Keith Flinn with the Wirth Law Office for a low-cost consultation. Our team of experienced attorneys can provide guidance and advice to help you navigate the complexities of child support agreements and adjustments. Call us at 918-770-7117 to schedule your consultation today.