Oklahoma Mothers Legal Guide

In Oklahoma, child support generally ends when a child turns 18, but it can continue until age 20 if the child remains a full-time high school student, as outlined in Okla. Stat. tit. 43 § 112(E). Support may also extend indefinitely if the child has a mental or physical disability existing before age 18, per Okla. Stat. tit. 43 § 112.1A. For families with multiple children, support orders require court modification to adjust payments after one child ages out, as stated in Okla. Stat. tit. 43 § 118(I)(C). See When Does Child Support End in Oklahoma?

Oklahoma law defines gross income broadly for child support calculations, including wages, salaries, bonuses, commissions, and income from self-employment after deducting reasonable business expenses. However, benefits from means-tested public assistance programs like TANF and SSI are excluded, protecting low-income parents from inflated support obligations. Courts may also impute income if a parent is voluntarily underemployed or unemployed, considering factors like past earnings and skills. Fringe benefits and certain non-cash compensations count as income, while some tax deductions, such as accelerated depreciation, do not. For more details, see What Counts as Income for Child Support Purposes in Oklahoma? Okla. Stat. tit. 43 §§ 118B.A–E.

Oklahoma calculates child support using the “income shares” model, which considers both parents’ combined incomes to determine a fair support amount. The goal is to maintain the child’s standard of living as close as possible to what it was before the parents separated. This method includes basic living expenses, health insurance, and work-related child care costs. Adjustments are made based on parenting time and other factors. These rules are outlined in Okla. Stat. tit. 43 §§ 118, 119. For more detailed information, see Understanding Oklahoma’s Income Shares Model for Child Support.

Temporary orders are court-issued directives that maintain stability in child support and custody cases while the legal process is ongoing. In Oklahoma, changing these orders requires clear and convincing evidence, a higher standard than typical civil cases, to protect children and dependent spouses from sudden disruptions. These orders remain in effect until the court’s final decision or dismissal of the case, and modifications must follow strict procedural deadlines. The standard maximum for attorney’s fees under temporary orders is $350, though the court may allow more upon proper request. The Role of Temporary Orders in Setting Child Support is governed by Okla. Stat. tit. 43 § 110(C).

Retroactive child support in Oklahoma refers to payments ordered for a child’s needs before a formal court order existed. Courts can require payments covering up to two years before a paternity case is filed, per Okla. Stat. tit. 10 § 83(C). The support amount is calculated based on the guidelines effective during the owed period, following Okla. Stat. tit. 43 §§ 118, 119. Legal responsibility arises once paternity is established, though courts may adjust amounts if the child lived with the father. For further details, see Retroactive Child Support: When Past Support Can Be Ordered.

In Oklahoma child support cases, courts determine a parent’s gross income using actual earnings, an average over recent years, or minimum wage if income is unclear. When a parent is voluntarily unemployed or underemployed, the court may impute income—estimating what they could reasonably earn based on their work history, education, and lifestyle. This prevents parents from lowering support by choosing not to work. Exceptions exist for disabilities or incarceration, where actual income is considered. These rules are outlined in Okla. Stat. tit. 43 §§ 118A, 118B. See more on Proving Imputed Income in Oklahoma Child Support Cases.

In Oklahoma, child support in shared custody cases is adjusted based on each parent’s income and the amount of time the child spends with them. Joint custody involves shared decision-making and physical custody, but one parent may still owe support depending on financial and time factors. Split custody, where each parent has different children, requires separate support calculations with the parent owing more paying the difference. Health insurance costs are also divided consistently in these calculations. These rules are set out in Okla. Stat. tit. 43 §§ 118D.D, 118D.E. See How Shared Custody Affects Child Support Obligations for more details.

In Oklahoma, child support calculations include more than just a fixed monthly payment. Both childcare costs and health insurance premiums for the child are shared between parents, usually based on each parent’s income. Health insurance premiums are split proportionally, with credits or additional payments adjusting the base child support amount accordingly. Childcare expenses, which can vary month to month, are typically treated as additional payments separate from base support. These rules aim to fairly allocate financial responsibilities and ensure the child’s needs are met. For detailed legal standards, see How Childcare and Health Insurance Affect Child Support Calculations.

Oklahoma law sets specific rules for when courts can deviate from standard child support amounts. Deviations are allowed only if they do not prevent the parent receiving support from meeting the child’s basic needs, are in the child’s best interest, and if the original support amount is unjust or inappropriate. Courts must also provide clear written reasons for any deviation, including how it benefits the child and why the guideline amount is unfair. Certain expenses like private school tuition or extreme financial hardship can justify deviation. See Deviating From the Oklahoma Child Support Guidelines: When Is It Allowed? Okla. Stat. tit. 43 §§ 118C, 118H.

Oklahoma child support orders consider more than just income when determining payment amounts. Adjustments such as parenting time credits, medical support, and other child-related expenses can change the base support figure. For example, if a noncustodial parent spends over 121 nights annually with the child, a specific calculation applies to adjust support obligations. Medical support includes health insurance premiums and recurring medical costs, while child care expenses may be treated separately. These credits and offsets aim to fairly distribute financial responsibilities between parents under the state’s income shares model. See Credits, Offsets, and Adjustments in Oklahoma Child Support Orders, Okla. Stat. tit. 43 §§ 118–120.

Hi, this is Attorney Keith Flinn at the Wirth Law office. The question is, can I get attorney’s fees for having to go to court for child support? Well, I’d like to answer the question, can you get attorney’s fees for having to go to child support? And the answer is, yes, you can. Now, the way that somebody would do that would be to get a child support order enforced via a contempt filing in which the court orders that person to pay the past due child support amount and then to separately file for attorney’s fees as the prevailing party. Generally speaking, a court will award attorney’s fees to a party who has successfully acquired a judgment for past due child support. However, there is the old idiom, a person cannot draw blood from stone. And so oftentimes if you’re in a circumstance where you are owed money for child support, it probably means that the other side is not exactly full of cash and ready to pay for or able to pay for attorney’s fees. And so there is some strategy in terms of applying for past due child support. Obviously, attorneys are expensive and applying for contempt of court and having an attorney ready and available for you at a bench or jury trial is an important part of, or I think definitely assists you in your ability to acquire a judgment for past due child support and some kind of structured settlement or an order of the court for payment of that arrearage. It does cost money to have an attorney present for you and you would like to apply for attorney’s fees. And so sometimes if a person is in the position to wait to apply for that child support, sometimes waiting a few months or trying to acquire the monies directly from the person if there are no protective orders in place by way of saying, hey, you’re not paying your child support, can allow an arrearage to be large enough that it feels more appropriate to bring attorney into the case. That being the case, obviously, the bigger the judgment, the harder it is to collect as against another person. And so there’s a calculation that one person goes through on when to file an application for contempt. My particular position would be to just get on top of it as quickly as you possibly can and stay on top of it, knowing that you may very well not ever collect attorney’s fees. Now, after that judgment for past due child support is awarded to you, your attorney can apply for attorney’s fees and there’s a separate hearing the court would hear related to attorney’s fees if the other side does not stipulate to a reasonable fee. At which point, you know, a person is paying even more for their attorney to go into court to argue for attorney’s fees. And so as attorneys do generally bill hourly and actually have to bill hourly for these kinds of domestic circumstances, it can become costly for a person to seek attorney’s fees. And if there is no likelihood of ever recovering them, sometimes the decision is made not to apply for those attorney’s fees or to reserve application for attorney’s fees by agreement. And so the answer is, can you get attorney’s fees for having to go to court to collect child support? Absolutely, you can. You can certainly apply for it and courts do regularly award attorney’s fees for contempt on child support. However, whether or not a person is going to actually collect attorney’s fees is a whole another separate matter. And it can often be very difficult to acquire attorney’s fees from a person that isn’t keeping up with their child support obligation. So thanks. This was attorney Keith Flinn, the Wirth Law Office. Please give us a call if you have any other questions.

In this 100-word excerpt, Keith Flynn, an attorney at the Wirth Law Office, provides a detailed explanation of how child support is calculated. He discusses factors such as income, timeshare of the children, number of children, and special needs. Flynn also delves into the importance of parenting and child care credits associated with overnight visitation. He highlights the complexities that arise when dealing with multiple child support orders and high-income individuals, emphasizing the need for individualized calculations. Flynn’s expertise shines through as he navigates the intricacies of child support determination, leaving readers with a comprehensive understanding of the process.