When filing a divorce or paternity case, child support immediately is at issue. Clients want to know how much they have to pay. Another common question is “Can I sign away my rights and not have to pay?” The answer to the latter is almost always a resounding NO! Support obligations are enforceable unless the individual ordered to pay is dead or another person adopts the child.
How Much Child Support Will I Pay:
In response to questions regarding the amount of child support owed, the Oklahoma child support guidelines set out four factors. First, the gross monthly income of the parties. Second, the number of overnight visitations an individual will with the child(ren). Third, the number of children at issue in the Oklahoma divorce or paternity proceeding. Fourth, whether private health insurance coverage is being provided by a parent. The guidelines consider the cost of coverage for the minor child(ren). If no private health insurance is being provided, the guidelines look at which parent applied for the child(ren) to be on Sooner-care.
The first factor, gross income, means any active income (wages, commissions, salaries, etc.). Passive income includes any dividends, alimony from another proceeding, pensions, gambling winnings, etc. a party may have. Very few sources of income are excluded for purposes of imputing a parties gross income. Excluded income includes: support received for another child, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and Food Stamps.
Examples of Calculating Child Support:
In putting it all together, it may be best to provide an example. In this example, the Father has a gross monthly income of $3,000.00 and the Mother makes $1,257.00 (Oklahoma minimum wage) a month. The parties have one child on Sooner-care, which the mother applied for. Father has one-hundred-two (120) overnights per calendar year.
If I were to run the child support guidelines with these numbers, Father’s base obligation for child support to Mother would be $419.31. However, because the child lists as “uninsured,” Father must also to pay an additional $81.04 in cash medical in lieu of insurance. This would make his total monthly child support obligation $500.35. Additionally, the Father would be ordered to 70.5% (his percentage of the “families” gross income) of all non-covered medical expenses. The Father would also be ordered to enroll the minor child in private health insurance if coverage could be obtained at no more than $150.00 a month.
Other Considerations:
The next question almost always asked: “How can I reduce my child support obligation?” The simplest solution is to assume for child related costs and
receive more overnights. In this changed example, the Father pays $150.00 a month in health insurance coverage for the child and received 182 overnights per year (a joint physical custody plan). In this new computation, Father’s base obligation is then reduced to $182.71 because of his shared parenting time. This amount further reduces by $44.29, which makes up Mother’s 29.5% portion of the medical insurance costs directly reimbursed to Father. The Father’s final child support obligation is $138.42, a drastic reduction just based on two simple factors.
I know that there are numerous child support calculators available online. Sometimes, they make the computation seem simple, but do not allow it to fool you. This is because of the many other factors and intricacies come into play. For this reason, it is best to consult a Family Law attorney. The attorney will tell you just exactly where you stand.
Read this for more Family Law information; Oklahoma child support amounts
Contact a Child Support Attorney in Tulsa:
Whether there is a child support order currently in place or not we can help. Our family lawyers have helped collect past due support for many years. Our lawyers are here for you 24/7. Call for a free consultation with a Tulsa family attorney 539-302-0303