Child Support in Oklahoma
Oklahoma has established Child Support Guidelines. Below are some frequently asked questions about Child Support in Oklahoma:
1. What is included in my child support? Oklahoma Law states the purpose of Child Support includes the following considerations:
1. What is included in my child support? Oklahoma Law states the purpose of Child Support includes the following considerations:
all families incur certain child-rearing expenses and includes in the basic child support obligation an average amount to cover these expenses for various levels of the parents' combined income and number of children, comprised of housing, food, transportation, basic public educational expenses, clothing, and entertainment. 43 O.S. 118 B.
The guidelines for Child Support are very different throughout the United States. Oklahoma has determined its own formula for the guidelines, which is believed to meet the basic needs of child(ren). The Oklahoma Department of Human Services Child Support Services maintains an online Child Support calculator on their website. You can use this calculator to get an idea of what your Child Support should be. You should include the current incomes of the parents, the cost of health insurance for the children only, and the cost of child care. A parent who is unemployed will generally be considered as earning minimum wage. If you need to establish a new Child Support obligation, you can either open a case with DHS Child Support Services, or you can file a Divorce or Paternity action in the appropriate Oklahoma County District Court.
2. How can I modify the amount of Child Support I am currently paying?
You must file a Motion to Modify Child Support in the District Court of the Oklahoma county that established your Child Support Order, or you can request a review if DHS Child Support Services is involved with the child support. There are legal requirements for a modification, such as a significant change in income. Oklahoma Law states:
2. How can I modify the amount of Child Support I am currently paying?
You must file a Motion to Modify Child Support in the District Court of the Oklahoma county that established your Child Support Order, or you can request a review if DHS Child Support Services is involved with the child support. There are legal requirements for a modification, such as a significant change in income. Oklahoma Law states:
material change in circumstances which includes, but is not limited to, an increase or decrease in the needs of the child, an increase or decrease in the income of the parents, changes in actual annualized child care expenses, changes in the cost of medical or dental insurance, or when one of the children in the child support order reaches the age of majority or otherwise ceases to be entitled to support pursuant to the support order. 43 O.S. 118 I
If you meet the above legal requirements, then you are permitted to ask for a modification of your Child Support Order. There are self help legal forms for Child Support modification available on the Oklahoma Department of Human Services website if you are unable to retain an attorney to help you with a modification of your Child Support obligation.
3. Is a verbal agreement to modify child support legal?
I have seen numerous problems with verbal agreements throughout the years. The best answer to this question is: A Judge made the Order for you to pay Child Support, so a Judge is the only person who can legally change that Order. You are bound by law to follow an Order of the Court until it is modified by that Court.
4. When can I start paying the modified amount?
A Motion to Modify Child Support is only retroactive to the date it is filed. In other words, your modified amount does not legally begin until after your Motion is filed. You are still ordered to pay your current amount until the Judge changes the Order. Normally, you will receive a credit towards your new obligation, covering the time period between the date of filing your Motion to Modify through the date the Order is signed.
3. Is a verbal agreement to modify child support legal?
I have seen numerous problems with verbal agreements throughout the years. The best answer to this question is: A Judge made the Order for you to pay Child Support, so a Judge is the only person who can legally change that Order. You are bound by law to follow an Order of the Court until it is modified by that Court.
4. When can I start paying the modified amount?
A Motion to Modify Child Support is only retroactive to the date it is filed. In other words, your modified amount does not legally begin until after your Motion is filed. You are still ordered to pay your current amount until the Judge changes the Order. Normally, you will receive a credit towards your new obligation, covering the time period between the date of filing your Motion to Modify through the date the Order is signed.