Oklahoma Child Support Modification is a right that both parents in a custody case have. Many people have questions about how the courts compute child support and what happens if a child support modification is necessary. Under Oklahoma law, there is a schedule that allows for computation based on gross monthly income of both parents. This article will explain some of this and also how it may affect you.
Child Support Modification Laws
In Oklahoma, you can find the child support calculations under Title 43 § 119. This calculates child support by adding the gross monthly income of both parents. However, there are some limitations that you may see under §119(B). These allow the court to make adjustments upwards on child support amounts if the combined incomes are over $15,000/mo. What are the courts standards though?
Factors in Child Support Modification
Custody agreements have several parts to them. This usually includes visitation schedules, extracurricular activities for the children, and more. As a result, courts will not only consider the gross monthly incomes of parents, but also a list of other factors in modification motions. These include:
- The amount of visitation the person paying support has. Has there been a change in the amount of visitation time for the payor?
- Average living expenses for a child. Is the child receiving the average amount of financial support a child in a similar situation would require?
- Prior standard of living for the child. Was the prior standard of living for the child better or worse than what the child support will provide?
- Children’s Activity Expenses. How are the children’s activities being paid? For example, are they split between the parents or are they 100% an obligation of one parent?
Other factors in a child support modification claim are contingent upon a radical change in income of one party or the other. For example, if a party receives an unexpected lay-off, then child support may adjust. For example, say the parent making child support payments receives an immediate lay off notice which significantly decreases monthly income. In this case, child support is likely to decrease in a modification motion.
Because child support modification uses so many factors with varying outcomes, we highly suggest you have an attorney review your case before filing. Our offices offer a free consultation to new clients.